    [House Report 104-469]
    [From the U.S. Government Publishing Office]

    104th Congress                                            Rept. 104-469
                           HOUSE OF REPRESENTATIVES
    2d Session                                                       Part 1
    _______________________________________________________________________

                 IMMIGRATION IN THE NATIONAL INTEREST ACT OF 1995

                                   ----------

                                  R E P O R T

                                     of the

                           COMMITTEE ON THE JUDICIARY
                            HOUSE OF REPRESENTATIVES

                                       on

                                   H.R. 2202

                                 together with

                        ADDITIONAL AND DISSENTING VIEWS

          [Including cost estimate of the Congressional Budget Office]

                     March 4, 1996.--Ordered to be printed
                IMMIGRATION IN THE NATIONAL INTEREST ACT OF 1995
    104th Congress 2d SessioHOUSE OF REPRESENTATIVES    Rept. 104-469
                                                            Part 1
    _______________________________________________________________________

                              IMMIGRATION IN THE

                         NATIONAL INTEREST ACT OF 1995

                                   __________

                                  R E P O R T

                                     of the

                           COMMITTEE ON THE JUDICIARY
                            HOUSE OF REPRESENTATIVES

                                       on

                                   H.R. 2202

                                 together with

                        ADDITIONAL AND DISSENTING VIEWS

          [Including cost estimate of the Congressional Budget Office]

                     March 4, 1996.--Ordered to be printed

                                C O N T E N T S

                                  ----------
                                                                       Page
    The Amendment....................................................     1
    Explanation of Amendment.........................................   106
    Purpose and Summary..............................................   106
    Background and Need for Legislation..............................   110
    Hearings.........................................................   182
    Committee Consideration..........................................   182
    Vote of the Committee............................................   182
    Committee Oversight Findings.....................................   205
    Committee on Government Reform and Oversight Findings............   205
    New Budget Authority and Tax Expenditures........................   205
    Congressional Budget Office Cost Estimate........................   205
    Inflationary Impact Statement....................................   218
    Section-by-Section Analysis and Discussion.......................   219
    Agency Views.....................................................   278
    Changes in Existing Law Made by the Bill, as Reported............   282
    Additional/Minority Views........................................   512

    104th Congress                                            Rept. 104-469
                            HOUSE OF REPRESENTATIVES

     2d Session                                                      Part 1
    _______________________________________________________________________

                IMMIGRATION IN THE NATIONAL INTEREST ACT OF 1995

    _______________________________________________________________________

                     March 4, 1996.--Ordered to be printed

                                    _______

     Mr. Hyde, from the Committee on the Judiciary, submitted the following

                                  R E P O R T

                                 together with

                        ADDITIONAL AND DISSENTING VIEWS

                            [To accompany H.R. 2202]

          [Including cost estimate of the Congressional Budget Office]

      The Committee on the Judiciary, to whom was referred the bill
    (H.R. 2202) to amend the Immigration and Nationality Act to
    improve deterrence of illegal immigration to the United States
    by increasing border patrol and investigative personnel, by
    increasing penalties for alien smuggling and for document
    fraud, by reforming exclusion and deportation law and
    procedures, by improving the verification system for
    eligibility for employment, and through other measures, to
    reform the legal immigration system and facilitate legal
    entries into the United States, and for other purposes, having
    considered the same, report favorably thereon with an amendment
    and recommend that the bill as amended do pass.
      The amendment is as follows:
      Strike out all after the enacting clause and insert in lieu
    thereof the following:

    SECTION 1. SHORT TITLE; AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT;
                        TABLE OF CONTENTS.

      (a) Short Title.--This Act may be cited as the ``Immigration in the
    National Interest Act of 1995''.
      (b) Amendments to Immigration and Nationality Act.--Except as
    otherwise specifically provided--
              (1) whenever in this Act an amendment or repeal is expressed
            as the amendment or repeal of a section or other provision, the
            reference shall be considered to be made to that section or
            provision in the Immigration and Nationality Act, and
              (2) amendments to a section or other provision are to such
            section or other provision as in effect on the date of the
            enactment of this Act and before any amendment made to such
            section or other provision elsewhere in this Act.
      (c) Table of Contents.--The table of contents for this Act is as
    follows:

    Sec. 1. Short title; amendments to Immigration and Nationality Act;
    table of contents.

      TITLE I--DETERRENCE OF ILLEGAL IMMIGRATION THROUGH IMPROVED BORDER
             ENFORCEMENT, PILOT PROGRAMS, AND INTERIOR ENFORCEMENT

                   Subtitle A--Improved Enforcement at Border

    Sec. 101. Border patrol agents and support personnel.
    Sec. 102. Improvement of barriers at border.
    Sec. 103. Improved border equipment and technology.
    Sec. 104. Improvement in border crossing identification card.
    Sec. 105. Civil penalties for illegal entry.
    Sec. 106. Prosecution of aliens repeatedly reentering the United States
    unlawfully.
    Sec. 107. Inservice training for the border patrol.

                           Subtitle B--Pilot Programs

    Sec. 111. Pilot program on interior repatriation.
    Sec. 112. Pilot program on use of closed military bases for the
    detention of inadmissible or deportable aliens.
    Sec. 113. Pilot program to collect records of departing passengers.

                        Subtitle C--Interior Enforcement

    Sec. 121. Increase in personnel for interior enforcement.

     TITLE II--ENHANCED ENFORCEMENT AND PENALTIES AGAINST ALIEN SMUGGLING;
                                 DOCUMENT FRAUD

     Subtitle A--Enhanced Enforcement and Penalties Against Alien Smuggling

    Sec. 201. Wiretap authority for alien smuggling investigations.
    Sec. 202. Racketeering offenses relating to alien smuggling.
    Sec. 203. Increased criminal penalties for alien smuggling.
    Sec. 204. Increased number of Assistant United States Attorneys.
    Sec. 205. Undercover investigation authority.

                    Subtitle B--Deterrence of Document Fraud

    Sec. 211. Increased criminal penalties for fraudulent use of
    government-issued documents.
    Sec. 212. New civil penalties for document fraud.
    Sec. 213. New civil penalty for failure to present documents and for
    preparing immigration documents without authorization.
    Sec. 214. New criminal penalties for failure to disclose role as
    preparer of false application for asylum and for preparing certain
    post-conviction applications.
    Sec. 215. Criminal penalty for knowingly presenting document which
    fails to contain reasonable basis in law or fact.
    Sec. 216. Criminal penalties for false claim to citizenship.

          Subtitle C--Asset Forfeiture for Passport and Visa Offenses

    Sec. 221. Criminal forfeiture for passport and visa related offenses.
    Sec. 222. Subpoenas for bank records.
    Sec. 223. Effective date.

       TITLE III--INSPECTION, APPREHENSION, DETENTION, ADJUDICATION, AND
                 REMOVAL OF INADMISSIBLE AND DEPORTABLE ALIENS

            Subtitle A--Revision of Procedures for Removal of Aliens

    Sec. 300. Overview of changes in removal procedures.
    Sec. 301. Treating persons present in the United States without
    authorization as not admitted.
    Sec. 302. Inspection of aliens; expedited removal of inadmissible
    arriving aliens; referral for hearing (revised section 235).
    Sec. 303. Apprehension and detention of aliens not lawfully in the
    United States (revised section 236).
    Sec. 304. Removal proceedings; cancellation of removal and adjustment
    of status; voluntary departure (revised and new sections 239 to 240C).
    Sec. 305. Detention and removal of aliens ordered removed (new section
    241).
    Sec. 306. Appeals from orders of removal (new section 242).
    Sec. 307. Penalties relating to removal (revised section 243).
    Sec. 308. Redesignation and reorganization of other provisions;
    additional conforming amendments.
    Sec. 309. Effective dates; transition.

                    Subtitle B--Removal of Alien Terrorists

                Part 1--Removal Procedures for Alien Terrorists

    Sec. 321. Removal procedures for alien terrorists.

           ``TITLE V--SPECIAL REMOVAL PROCEDURES FOR ALIEN TERRORISTS

            ``Sec. 501. Definitions.
            ``Sec. 502. Establishment of special removal court; panel of
                            attorneys to assist with classified
                            information.
            ``Sec. 503. Application for initiation of special removal
                            proceeding.
            ``Sec. 504. Consideration of application.
            ``Sec. 505. Special removal hearings.
            ``Sec. 506. Consideration of classified information.
            ``Sec. 507. Appeals.
            ``Sec. 508. Detention and custody.
    Sec. 322. Funding for detention and removal of alien terrorists.

       Part 2--Inadmissibility and Denial of Relief for Alien Terrorists

    Sec. 331. Membership in terrorist organization as ground of
    inadmissibility.
    Sec. 332. Denial of relief for alien terrorists.

     Subtitle C--Deterring Transportation of Unlawful Aliens to the United
                                     States

    Sec. 341. Definition of stowaway.
    Sec. 342. List of alien and citizen passengers arriving.

                       Subtitle D--Additional Provisions

    Sec. 351. Definition of conviction.
    Sec. 352. Immigration judges and compensation.
    Sec. 353. Rescission of lawful permanent resident status.
    Sec. 354. Civil penalties for failure to depart.
    Sec. 355. Clarification of district court jurisdiction.
    Sec. 356. Use of retired Federal employees for institutional hearing
    program.
    Sec. 357. Enhanced penalties for failure to depart, illegal reentry,
    and passport and visa fraud.
    Sec. 358. Authorization of additional funds for removal of aliens.
    Sec. 359. Application of additional civil penalties to enforcement.
    Sec. 360. Prisoner transfer treaties.
    Sec. 361. Criminal alien identification system.
    Sec. 362. Waiver of exclusion and deportation ground for certain
    section 274C violators.
    Sec. 363. Authorizing registration of aliens on criminal probation or
    criminal parole.
    Sec. 364. Confidentiality provision for certain alien battered spouses
    and children.

            TITLE IV--ENFORCEMENT OF RESTRICTIONS AGAINST EMPLOYMENT

    Sec. 401. Strengthened enforcement of the employer sanctions
    provisions.
    Sec. 402. Strengthened enforcement of wage and hour laws.
    Sec. 403. Changes in the employer sanctions program.
    Sec. 404. Reports on earnings of aliens not authorized to work.
    Sec. 405. Authorizing maintenance of certain information on aliens.
    Sec. 406. Limiting liability for certain technical violations of
    paperwork requirements.
    Sec. 407. Unfair immigration-related employment practices.

                  TITLE V--REFORM OF LEGAL IMMIGRATION SYSTEM

    Sec. 500. Overview of new legal immigration system.

                     Subtitle A--Worldwide Numerical Limits

    Sec. 501. Worldwide numerical limitation on family-sponsored
    immigrants.
    Sec. 502. Worldwide numerical limitation on employment-based
    immigrants.
    Sec. 503. Worldwide numerical limitation on diversity immigrants.
    Sec. 504. Establishment of numerical limitation on humanitarian
    immigrants.
    Sec. 505. Requiring congressional review and reauthorization of
    worldwide levels every 5 years.

                    Subtitle B--Changes in Preference System

    Sec. 511. Limitation of immediate relatives to spouses and children.
    Sec. 512. Change in family-sponsored classification.
    Sec. 513. Change in employment-based classification.
    Sec. 514. Changes in diversity immigrant program.
    Sec. 515. Authorization to require periodic confirmation of
    classification petitions.
    Sec. 516. Changes in special immigrant status.
    Sec. 517. Requirements for removal of conditional status of
    entrepreneurs.
    Sec. 518. Adult disabled children.
    Sec. 519. Miscellaneous conforming amendments.

           Subtitle C--Refugees, Parole, and Humanitarian Admissions

    Sec. 521. Changes in refugee annual admissions.
    Sec. 522. Persecution for resistance to coercive population control
    methods.
    Sec. 523. Parole available only on a case-by-case basis for
    humanitarian reasons or significant public benefit.
    Sec. 524. Admission of humanitarian immigrants.

                           Subtitle D--Asylum Reform

    Sec. 531. Asylum reform.
    Sec. 532. Fixing numerical adjustments for asylees at 10,000 each year.
    Sec. 533. Increased resources for reducing asylum application backlogs.

           Subtitle E--General Effective Date; Transition Provisions

    Sec. 551. General effective date.
    Sec. 552. General transition for current classification petitions.
    Sec. 553. Special transition for certain backlogged spouses and
    children of lawful permanent resident aliens.
    Sec. 554. Special treatment of certain disadvantaged family first
    preference immigrants.
    Sec. 555. Authorization of reimbursement of petitioners for eliminated
    family-sponsored categories.

                 TITLE VI--RESTRICTIONS ON BENEFITS FOR ALIENS

    Sec. 600. Statements of national policy concerning welfare and
    immigration.

         Subtitle A--Eligibility of Illegal Aliens for Public Benefits

                       Part 1--Public Benefits Generally

    Sec. 601. Making illegal aliens ineligible for public assistance,
    contracts, and licenses.
    Sec. 602. Making unauthorized aliens ineligible for unemployment
    benefits.
    Sec. 603. General exceptions.
    Sec. 604. Treatment of expenses subject to emergency medical services
    exception.
    Sec. 605. Report on disqualification of illegal aliens from housing
    assistance programs.
    Sec. 606. Verification of student eligibility for postsecondary Federal
    student financial assistance.
    Sec. 607. Payment of public assistance benefits.
    Sec. 608. Definitions.
    Sec. 609. Regulations and effective dates.

                        Part 2--Earned Income Tax Credit

    Sec. 611. Earned income tax credit denied to individuals not authorized
    to be employed in the United States.

    Subtitle B--Expansion of Disqualification From Immigration Benefits on
                           the Basis of Public Charge

    Sec. 621. Ground for inadmissibility.
    Sec. 622. Ground for deportability.

          Subtitle C--Attribution of Income and Affidavits of Support

    Sec. 631. Attribution of sponsor's income and resources to family-
    sponsored immigrants.
    Sec. 632. Requirements for sponsor's affidavit of support.

                     TITLE VII--FACILITATION OF LEGAL ENTRY

    Sec. 701. Additional land border inspectors; infrastructure
    improvements.
    Sec. 702. Commuter lane pilot programs.
    Sec. 703. Preinspection at foreign airports.
    Sec. 704. Training of airline personnel in detection of fraudulent
    documents.

                      TITLE VIII--MISCELLANEOUS PROVISIONS

         Subtitle A--Amendments to the Immigration and Nationality Act

    Sec. 801. Nonimmigrant status for spouses and children of members of
    the Armed Services.
    Sec. 802. Amended definition of aggravated felony.
    Sec. 803. Authority to determine visa processing procedures.
    Sec. 804. Waiver authority concerning notice of denial of application
    for visas.
    Sec. 805. Treatment of Canadian landed immigrants.
    Sec. 806. Changes relating to H-1B nonimmigrants.
    Sec. 807. Validity of period of visas.
    Sec. 808. Limitation on adjustment of status of individuals not
    lawfully present in the United States.
    Sec. 809. Limited access to certain confidential INS files.
    Sec. 810. Change of nonimmigrant classification.

                          Subtitle B--Other Provisions

    Sec. 831. Commission report on fraud associated with birth
    certificates.
    Sec. 832. Uniform vital statistics.
    Sec. 833. Communication between State and local government agencies,
    and the Immigration and Naturalization Service.
    Sec. 834. Criminal alien reimbursement costs.
    Sec. 835. Female genital mutilation.
    Sec. 836. Designation of Portugal as a visa waiver pilot program
    country with probationary status.

                       Subtitle C--Technical Corrections

    Sec. 851. Miscellaneous technical corrections.

      TITLE I--DETERRENCE OF ILLEGAL IMMIGRATION THROUGH IMPROVED BORDER
             ENFORCEMENT, PILOT PROGRAMS, AND INTERIOR ENFORCEMENT

                   Subtitle A--Improved Enforcement at Border

    SEC. 101. BORDER PATROL AGENTS AND SUPPORT PERSONNEL.

      (a) Increased Number of Border Patrol Positions.--The number of
    border patrol agents shall be increased, for each fiscal year beginning
    with the fiscal year 1996 and ending with the fiscal year 2000, by
    1,000 full-time equivalent positions above the number of equivalent
    positions as of September 30, 1994.
      (b) Increase in Support Personnel.--The number of full-time support
    positions for personnel in support of border enforcement,
    investigation, detention and deportation, intelligence, information and
    records, legal proceedings, and management and administration in the
    Immigration and Naturalization Service shall be increased, beginning
    with fiscal year 1996, by 800 positions above the number of equivalent
    positions as of September 30, 1994.
      (c) Deployment of New Border Patrol Agents.--The Attorney General
    shall, to the maximum extent practicable, ensure that the border patrol
    agents hired pursuant to subsection (a) shall--
              (1) be deployed among the various Immigration and
            Naturalization Service sectors in proportion to the level of
            illegal crossing of the borders of the United States measured
            in each sector during the preceding fiscal year and reasonably
            anticipated in the next fiscal year, and
              (2) be actively engaged in law enforcement activities related
            to such illegal crossings.

    SEC. 102. IMPROVEMENT OF BARRIERS AT BORDER.

      (a) In General.--The Attorney General, in consultation with the
    Commissioner of the Immigration and Naturalization Service, shall take
    such actions as may be necessary to install additional physical
    barriers and roads (including the removal of obstacles to detection of
    illegal entrants) in the vicinity of the United States border to deter
    illegal crossings in areas of high illegal entry into the United
    States.
      (b) Construction of Fencing and Road Improvements in the Border Area
    Near San Diego, California.--
              (1) In general.--In carrying out subsection (a), the Attorney
            General shall provide for the construction along the 14 miles
            of the international land border of the United States, starting
            at the Pacific Ocean and extending eastward, of second and
            third fences, in addition to the existing reinforced fence, and
            for roads between the fences.
              (2) Prompt acquisition of necessary easements.--The Attorney
            General shall promptly acquire such easements as may be
            necessary to carry out this subsection and shall commence
            construction of fences immediately following such acquisition
            (or conclusion of portions thereof).
              (3) Authorization of appropriations.--There are authorized to
            be appropriated to carry out this subsection not to exceed
            $12,000,000. Amounts appropriated under this paragraph are
            authorized to remain available until expended.
      (c) Waiver.--The provisions of the Endangered Species Act of 1973 are
    waived to the extent the Attorney General determines necessary to
    assure expeditious construction of the barriers and roads under this
    section.
      (d) Forward Deployment.--
              (1) In general.--The Attorney General shall forward deploy
            existing border patrol agents in those areas of the border
            identified as areas of high illegal entry into the United
            States in order to provide a uniform and visible deterrent to
            illegal entry on a continuing basis.
              (2) Report.--By not later than 6 months after the date of the
            enactment of this Act, the Attorney General shall submit to the
            appropriate committees of Congress a report on the progress and
            effectiveness of such forward deployments.

    SEC. 103. IMPROVED BORDER EQUIPMENT AND TECHNOLOGY.

      The Attorney General is authorized to acquire and utilize, for the
    purpose of detection, interdiction, and reduction of illegal
    immigration into the United States, any Federal equipment (including
    fixed wing aircraft, helicopters, four-wheel drive vehicles, sedans,
    night vision goggles, night vision scopes, and sensor units) determined
    available for transfer by any other agency of the Federal Government
    upon request of the Attorney General.

    SEC. 104. IMPROVEMENT IN BORDER CROSSING IDENTIFICATION CARD.

      (a) In General.--Section 101(a)(6) (8 U.S.C. 1101(a)(6)) is amended
    by adding at the end the following: ``Such regulations shall provide
    that (A) each such document include a biometric identifier (such as the
    fingerprint or handprint of the alien) that is machine readable and (B)
    an alien presenting a border crossing identification card is not
    permitted to cross over the border into the United States unless the
    biometric identifier contained on the card matches the appropriate
    biometric characteristic of the alien.''.
      (b) Effective Dates.--
              (1) Clause (A) of the sentence added by the amendment made by
            subsection (a) shall apply to documents issued on or after 6
            months after the date of the enactment of this Act.
              (2) Clause (B) of such sentence shall apply to cards
            presented on or after 3 years after the date of the enactment
            of this Act.
      (c) Report.--Not later than one year after the implementation of
    clause (A) of the sentence added by the amendment made by subsection
    (a) the Attorney General shall submit to Congress a report on the
    impact of such clause on border crossing activities.

    SEC. 105. CIVIL PENALTIES FOR ILLEGAL ENTRY.

      (a) In General.--Section 275 (8 U.S.C. 1325) is amended--
              (1) by redesignating subsections (b) and (c) as subsections
            (c) and (d), respectively, and
              (2) by inserting after subsection (a) the following new
            subsection:
      ``(b) Any alien who is apprehended while entering (or attempting to
    enter) the United States at a time or place other than as designated by
    immigration officers shall be subject to a civil penalty of--
              ``(1) at least $50 and not more than $250 for each such entry
            (or attempted entry), or
              ``(2) twice the amount specified in paragraph (1) in the case
            of an alien who has been previously subject to a civil penalty
            under this subsection.
    Civil penalties under this subsection are in addition to, and not in
    lieu of, any criminal or other civil penalties that may be imposed.''.
      (b) Effective Date.--The amendments made by subsection (a) shall
    apply to illegal entries or attempts to enter occurring on or after the
    first day of the sixth month beginning after the date of the enactment
    of this Act.

    SEC. 106. PROSECUTION OF ALIENS REPEATEDLY REENTERING THE UNITED STATES
                        UNLAWFULLY.

      (a) Authorization of Appropriations.--There are authorized to be
    appropriated to the Attorney General such sums as may be necessary to
    provide for detention and prosecution of each alien who commits an act
    that constitutes a violation of section 275(a) of the Immigration and
    Nationality Act if the alien has committed such an act on two previous
    occasions. Funds appropriated pursuant to this subsection are
    authorized to remain available until expended.
      (b) Sense of Congress.--It is the sense of Congress that the Attorney
    General should use available resources to assure detention and
    prosecution of aliens in the cases described in subsection (a).

    SEC. 107. INSERVICE TRAINING FOR THE BORDER PATROL.

      (a) Requirement.--Section 103 (8 U.S.C. 1103) is amended by adding at
    the end the following new subsection:
      ``(e)(1) The Attorney General shall continue to provide for such
    programs (including intensive language training programs) of inservice
    training for full-time and part-time personnel of the Border Patrol in
    contact with the public as will familiarize the personnel with the
    rights and varied cultural backgrounds of aliens and citizens in order
    to ensure and safeguard the constitutional and civil rights, personal
    safety, and human dignity of all individuals, aliens as well as
    citizens, within the jurisdiction of the United States with whom such
    personnel have contact in their work.
      ``(2) The Attorney General shall provide that the annual report of
    the Service include a description of steps taken to carry out paragraph
    (1).''.
      (b) Authorization of Appropriations.--There are authorized to be
    appropriated to the Attorney General such sums as may be necessary for
    fiscal year 1996 to carry out the inservice training described in
    section 103(e)(1) of the Immigration and Nationality Act. The funds
    appropriated pursuant to this subsection are authorized to remain
    available until expended.

                           Subtitle B--Pilot Programs

    SEC. 111. PILOT PROGRAM ON INTERIOR REPATRIATION.

      (a) Establishment.--Not later than 120 days after the date of the
    enactment of this Act, the Attorney General, after consultation with
    the Secretary of State, shall establish a pilot program for up to 2
    years which provides for methods to deter multiple illegal entries by
    aliens into the United States. The pilot program may include the
    development and use of interior repatriation, third country
    repatriation, and other disincentives for multiple illegal entries into
    the United States.
      (b) Report.--Not later than 30 months after the date of the enactment
    of this Act, the Attorney General, together with the Secretary of
    State, shall submit a report to the Committees on the Judiciary of the
    House of Representatives and of the Senate on the operation of the
    pilot program under this section and whether the pilot program or any
    part thereof should be extended or made permanent.

    SEC. 112. PILOT PROGRAM ON USE OF CLOSED MILITARY BASES FOR THE
                        DETENTION OF INADMISSIBLE OR DEPORTABLE ALIENS.

      (a) Establishment.--The Attorney General and the Secretary of Defense
    shall establish one or more pilot programs for up to 2 years each to
    determine the feasibility of the use of military bases available
    because of actions under a base closure law as detention centers by the
    Immigration and Naturalization Service.
      (b) Report.--Not later than 30 months after the date of the enactment
    of this Act, the Attorney General, together with the Secretary of
    State, shall submit a report to the Committees on the Judiciary of the
    House of Representatives and of the Senate, and the Committees on Armed
    Services of the House of Representatives and of the Senate, on the
    feasibility of using military bases closed under a base closure law as
    detention centers by the Immigration and Naturalization Service.
      (c) Definition.--For purposes of this section, the term ``base
    closure law'' means each of the following:
              (1) The Defense Base Closure and Realignment Act of 1990
            (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
            note).
              (2) Title II of the Defense Authorization Amendments and Base
            Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687
            note).
              (3) Section 2687 of title 10, United States Code.
              (4) Any other similar law enacted after the date of the
            enactment of this Act.

    SEC. 113. PILOT PROGRAM TO COLLECT RECORDS OF DEPARTING PASSENGERS.

      (a) Establishment.--The Commissioner of the Immigration and
    Naturalization Service shall, within 180 days after the date of the
    enactment of this Act, establish a pilot program in which officers of
    the Service collect a record of departure for every alien departing the
    United States and match the records of departure with the record of the
    alien's arrival in the United States. The program shall be operated in
    as many air ports of entry as is deemed appropriate, but at no less
    than 3 of the 5 air ports of entry with the heaviest volume of incoming
    traffic from foreign territories.
      (b) Report.--
              (1) Deadline.--The Commissioner shall submit a report to
            Congress not later than 2 years after the date the pilot
            program is implemented under subsection (a).
              (2) Information.--The report shall include the following
            information for each participating port of entry:
                      (A) The number of departure records collected, with
                    an accounting by country of nationality of the
                    departing alien.
                      (B) The number of departure records that were
                    successfully matched to records of the alien's prior
                    arrival in the United States, with an accounting by the
                    alien's country of nationality and by the alien's
                    classification as an immigrant or nonimmigrant.
                      (C) The number of aliens who arrived at the port of
                    entry as nonimmigrants, or as a visitor under the visa
                    waiver program under section 217 of the Immigration and
                    Nationality Act, for whom no matching departure record
                    has been obtained through the pilot program or through
                    other means, with an accounting by the alien's country
                    of nationality and date of arrival in the United
                    States.
                      (D) The estimated cost of establishing a national
                    system to verify the departure from the United States
                    of aliens admitted temporarily as nonimmigrants.
              (3) Recommendations.--The report also shall include specific
            recommendations for implementation of the pilot program on a
            permanent basis.
      (c) Use of Information on Visa Overstays.--Information on instances
    of visa overstay identified through the pilot program shall be
    integrated into appropriate data bases of the Immigration and
    Naturalization Service and the Department of State, including those
    used at ports of entry and at consular offices.

                        Subtitle C--Interior Enforcement

    SEC. 121. INCREASE IN PERSONNEL FOR INTERIOR ENFORCEMENT.

      Subject to the availability of appropriations, the Attorney General
    shall provide for an increase in the number of investigators and
    enforcement personnel of the Immigration and Naturalization Service who
    are deployed in the interior so that the number of such personnel is
    adequate properly to investigate violations of, and to enforce,
    immigration laws.

     TITLE II--ENHANCED ENFORCEMENT AND PENALTIES AGAINST ALIEN SMUGGLING;
                                 DOCUMENT FRAUD

     Subtitle A--Enhanced Enforcement and Penalties Against Alien Smuggling

    SEC. 201. WIRETAP AUTHORITY FOR ALIEN SMUGGLING INVESTIGATIONS.

      Section 2516(1) of title 18, United States Code, is amended--
              (1) by striking ``and'' at the end of paragraph (n),
              (2) by redesignating paragraph (o) as paragraph (p), and
              (3) by inserting after paragraph (n) the following new
            paragraph:
              ``(o)(1) a felony violation of section 1028 (relating to
            production of false identification documentation), section 1541
            (relating to passport issuance without authority), section 1542
            (relating to false statements in passport applications),
            section 1543 (relating to forgery or false use of passport),
            section 1544 (relating to misuse of passport), section 1546
            (relating to fraud or misuse of visas, permits, or other
            documents) of this title; or
              ``(2) a violation of section 274, 277, or 278 of the
            Immigration and Nationality Act (relating to the smuggling of
            aliens); or''.

    SEC. 202. RACKETEERING OFFENSES RELATING TO ALIEN SMUGGLING.

      Section 1961(1) of title 18, United States Code, is amended--
              (1) by inserting ``section 1028 (relating to fraud and
            related activity in connection with identification
            documents),'' before ``section 1029'';
              (2) by inserting ``section 1542 (relating to false statement
            in application and use of passport), section 1543 (relating to
            forgery or false use of passport), section 1544 (relating to
            misuse of passport), section 1546 (relating to fraud and misuse
            of visas, permits, and other documents), sections 1581-1588
            (relating to peonage and slavery),'' after ``section 1513
            (relating to retaliating against a witness, victim, or an
            informant),'';
              (3) by striking ``or'' before ``(E)''; and
              (4) by inserting before the period at the end the following:
            ``, or (F) any act which is indictable under the Immigration
            and Nationality Act, section 274 (relating to bringing in and
            harboring certain aliens), section 277 (relating to aiding or
            assisting certain aliens to enter the United States), or
            section 278 (relating to importation of alien for immoral
            purpose)''.

    SEC. 203. INCREASED CRIMINAL PENALTIES FOR ALIEN SMUGGLING.

      (a) In General.--Section 274(a)(1) (8 U.S.C. 1324(a)(1)) is amended--
              (1) in subparagraph (B)(i), by inserting ``or in the case of
            a violation of subparagraph (A)(ii), (iii), or (iv) in which
            the offense was done for the purpose of commercial advantage or
            private financial gain'' after ``subparagraph (A)(i)'', and
              (2) by adding at the end the following new subparagraph:
      ``(C) Any person who engages in any conspiracy to commit, or aids or
    abets the commission of, any of the acts described in--
              ``(i) subparagraph (A)(i) shall be fined under title 18,
            United States Code, imprisoned not more than 10 years, or both;
            or
              ``(ii) clause (ii), (iii), or (iv) of subparagraph (A) shall
            be fined under title 18, United States Code, imprisoned not
            more than 5 years, or both.''.
      (b) Smuggling of Aliens Who Will Commit Crimes.--Section 274(a)(2) (8
    U.S.C. 1324(a)(2)) is amended--
              (1) in subparagraph (B)--
                      (A) by striking ``or'' at the end of clause (ii),
                      (B) by adding ``or'' at the end of clause (iii), and
                      (C) by inserting after clause (iii) the following:
                              ``(iv) an offense committed with the intent
                            or with reason to believe that the alien
                            unlawfully brought into the United States will
                            commit an offense against the United States or
                            any State punishable by imprisonment for more
                            than 1 year,''; and
              (2) by striking ``be fined'' and all that follows through the
            final period at the end and inserting the following: ``be fined
            under title 18, United States Code, and shall be imprisoned not
            less than 3 years or more than 10 years.''.
      (c) Applying Certain Penalties on a Per Alien Basis.--Section
    274(a)(2) (8 U.S.C. 1324(a)(2)) is amended by striking ``for each
    transaction constituting a violation of this paragraph, regardless of
    the number of aliens involved'' and inserting ``for each alien in
    respect to whom a violation of this paragraph occurs''.

    SEC. 204. INCREASED NUMBER OF ASSISTANT UNITED STATES ATTORNEYS.

      (a) In General.--The number of Assistant United States Attorneys
    employed by the Department of Justice for the fiscal year 1996 shall be
    increased by 25 above the number of Assistant United States Attorneys
    that were authorized to be employed as of September 30, 1994.
      (b) Assignment.--Individuals employed to fill the additional
    positions described in subsection (a) shall be specially trained to be
    used for the prosecution of persons who bring into the United States or
    harbor illegal aliens, fraud, and other criminal statutes involving
    illegal aliens.

    SEC. 205. UNDERCOVER INVESTIGATION AUTHORITY.

      (a) In General.--Title II is amended by adding at the end the
    following new section:
                      ``undercover investigation authority
      ``Sec. 294. (a) In General.--With respect to any undercover
    investigative operation of the Service which is necessary for the
    detection and prosecution of crimes against the United States--
              ``(1) sums appropriated for the Service may be used for
            leasing space within the United States and the territories and
            possessions of the United States without regard to the
            following provisions of law:
                      ``(A) section 3679(a) of the Revised Statutes (31
                    U.S.C. 1341),
                      ``(B) section 3732(a) of the Revised Statutes (41
                    U.S.C. 11(a)),
                      ``(C) section 305 of the Act of June 30, 1949 (63
                    Stat. 396; 41 U.S.C. 255),
                      ``(D) the third undesignated paragraph under the
                    heading `Miscellaneous' of the Act of March 3, 1877 (19
                    Stat. 370; 40 U.S.C. 34),
                      ``(E) section 3648 of the Revised Statutes (31 U.S.C.
                    3324),
                      ``(F) section 3741 of the Revised Statutes (41 U.S.C.
                    22), and
                      ``(G) subsections (a) and (c) of section 304 of the
                    Federal Property and Administrative Services Act of
                    1949 (63 Stat. 395; 41 U.S.C. 254 (a) and (c));
              ``(2) sums appropriated for the Service may be used to
            establish or to acquire proprietary corporations or business
            entities as part of an undercover operation, and to operate
            such corporations or business entities on a commercial basis,
            without regard to the provisions of section 304 of the
            Government Corporation Control Act (31 U.S.C. 9102);
              ``(3) sums appropriated for the Service, and the proceeds
            from the undercover operation, may be deposited in banks or
            other financial institutions without regard to the provisions
            of section 648 of title 18, United States Code, and of section
            3639 of the Revised Statutes (31 U.S.C. 3302); and
              ``(4) the proceeds from the undercover operation may be used
            to offset necessary and reasonable expenses incurred in such
            operation without regard to the provisions of section 3617 of
            the Revised Statutes (31 U.S.C. 3302).
    The authority set forth in this subsection may be exercised only upon
    written certification of the Commissioner, in consultation with the
    Deputy Attorney General, that any action authorized by paragraph (1),
    (2), (3), or (4) is necessary for the conduct of the undercover
    operation.
      ``(b) Disposition of Proceeds No Longer Required.--As soon as
    practicable after the proceeds from an undercover investigative
    operation, carried out under paragraphs (3) and (4) of subsection (a),
    are no longer necessary for the conduct of the operation, the proceeds
    or the balance of the proceeds remaining at the time shall be deposited
    into the Treasury of the United States as miscellaneous receipts.
      ``(c) Disposition of Certain Corporations and Business Entities.--If
    a corporation or business entity established or acquired as part of an
    undercover operation under paragraph (2) of subsection (a) with a net
    value of over $50,000 is to be liquidated, sold, or otherwise disposed
    of, the Service, as much in advance as the Commissioner or
    Commissioner's designee determines practicable, shall report the
    circumstances to the Attorney General, the Director of the Office of
    Management and Budget, and the Comptroller General. The proceeds of the
    liquidation, sale, or other disposition, after obligations are met,
    shall be deposited in the Treasury of the United States as
    miscellaneous receipts.
      ``(d) Financial Audits.--The Service shall conduct detailed financial
    audits of closed undercover operations on a quarterly basis and shall
    report the results of the audits in writing to the Deputy Attorney
    General.''.
      (b) Clerical Amendment.--The table of contents is amended by
    inserting after the item relating to section 293 the following:

    ``Sec. 294. Undercover investigation authority.''.

                    Subtitle B--Deterrence of Document Fraud

    SEC. 211. INCREASED CRIMINAL PENALTIES FOR FRAUDULENT USE OF
                        GOVERNMENT-ISSUED DOCUMENTS.

      (a) Fraud and Misuse of Government-Issued Identification Documents.--
    Section 1028(b) of title 18, United States Code, is amended--
              (1) in paragraph (1), by inserting ``except as provided in
            paragraphs (3) and (4),'' after ``(1)'' and by striking ``five
            years'' and inserting ``15 years'';
              (2) in paragraph (2), by inserting ``except as provided in
            paragraphs (3) and (4),'' after ``(2)'' and by striking ``and''
            at the end;
              (3) by redesignating paragraph (3) as paragraph (5); and
              (4) by inserting after paragraph (2) the following new
            paragraphs:
              ``(3) a fine under this title or imprisonment for not more
            than 20 years, or both, if the offense is committed to
            facilitate a drug trafficking crime (as defined in section
            929(a)(2) of this title);
              ``(4) a fine under this title or imprisonment for not more
            than 25 years, or both, if the offense is committed to
            facilitate an act of international terrorism (as defined in
            section 2331(1) of this title); and''.
      (b) Changes to the Sentencing Levels.--Pursuant to section 944 of
    title 28, United States Code, and section 21 of the Sentencing Act of
    1987, the United States Sentencing Commission shall promulgate
    guidelines, or amend existing guidelines, relating to defendants
    convicted of violating, or conspiring to violate, sections 1546(a) and
    1028(a) of title 18, United States Code. The basic offense level under
    section 2L2.1 of the United States Sentencing Guidelines shall be
    increased to--
              (1) not less than offense level 15 if the offense involves
            100 or more documents;
              (2) not less than offense level 20 if the offense involves
            1,000 or more documents, or if the documents were used to
            facilitate any other criminal activity described in section
            212(a)(2)(A)(i)(II) of the Immigration and Nationality Act (8
            U.S.C. 1182(a)(A)(i)(II)) or in section 101(a)(43) of such Act;
            and
              (3) not less than offense level 25 if the offense involves--
                      (A) the provision of documents to a person known or
                    suspected of engaging in a terrorist activity (as such
                    terms are defined in section 212(a)(3)(B) of the
                    Immigration and Nationality Act (8 U.S.C.
                    1182(a)(3)(B));
                      (B) the provision of documents to facilitate a
                    terrorist activity or to assist a person to engage in
                    terrorist activity (as such terms are defined in
                    section 212(a)(3)(B) of the Immigration and Nationality
                    Act (8 U.S.C. 1182(a)(3)(B)); or
                      (C) the provision of documents to persons involved in
                    racketeering enterprises (described in section 1952(a)
                    of title 18, United States Code).

    SEC. 212. NEW CIVIL PENALTIES FOR DOCUMENT FRAUD.

      (a) Activities Prohibited.--Section 274C(a) (8 U.S.C. 1324c(a)) is
    amended--
              (1) by striking ``or'' at the end of paragraph (3);
              (2) by striking the period at the end of paragraph (4) and
            inserting ``, or''; and
              (3) by adding at the end the following:
              ``(5) in reckless disregard of the fact that the information
            is false or does not relate to the applicant, to prepare, to
            file, or to assist another in preparing or filing, documents
            which are falsely made for the purpose of satisfying a
            requirement of this Act.
    For purposes of this section, the term `falsely made' includes, with
    respect to a document or application, the preparation or provision of
    the document or application with knowledge or in reckless disregard of
    the fact that such document contains a false, fictitious, or fraudulent
    statement or material representation, or has no basis in law or fact,
    or otherwise fails to state a material fact pertaining to the document
    or application.''.
      (b) Conforming Amendments for Civil Penalties.--Section 274C(d)(3) (8
    U.S.C. 1324c(d)(3)) is amended by striking ``each document used,
    accepted, or created and each instance of use, acceptance, or
    creation'' both places it appears and inserting ``each instance of a
    violation under subsection (a)''.
      (c) Effective Dates.--(1) The amendments made by subsection (a) shall
    apply to the preparation or filing of documents, and assistance in such
    preparation or filing, occurring on or after the date of the enactment
    of this Act.
      (2) The amendment made by subsection (b) shall apply to violations
    occurring on or after the date of the enactment of this Act.

    SEC. 213. NEW CIVIL PENALTY FOR FAILURE TO PRESENT DOCUMENTS AND FOR
                        PREPARING IMMIGRATION DOCUMENTS WITHOUT
                        AUTHORIZATION.

      (a) In General.--Section 274C(a) (8 U.S.C. 1324c(a)), as amended by
    section 212(a), is further amended--
              (1) by striking ``or'' at the end of paragraph (4);
              (2) by striking the period at the end of paragraph (5) and
            inserting a comma; and
              (3) by inserting after paragraph (5) the following new
            paragraphs:
              ``(6) to present before boarding a common carrier for the
            purpose of coming to the United States a document which relates
            to the alien's eligibility to enter the United States and to
            fail to present such document to an immigration officer upon
            arrival at a United States port of entry, or
              ``(7) to prepare or assist in the preparation and submission
            of immigration forms, petitions, and applications if the person
            or entity is not authorized to represent aliens, or to prepare
            or assist in the preparation and submission of such forms,
            petitions, and applications pursuant to regulations promulgated
            by the Attorney General.''; and
              (4) by adding at the end the following:
    ``The Attorney General may, in the discretion of the Attorney General,
    waive the penalties of this section with respect to an alien who
    knowingly violates paragraph (6) if the alien is granted asylum under
    section 208 or withholding of deportation under section 243(h).''.
      (b) Effective Date.--The amendments made by subsection (a) shall
    apply to individuals who board a common carrier on or after 30 days
    after the date of the enactment of this Act.

    SEC. 214. NEW CRIMINAL PENALTIES FOR FAILURE TO DISCLOSE ROLE AS
                        PREPARER OF FALSE APPLICATION FOR ASYLUM AND FOR
                        PREPARING CERTAIN POST-CONVICTION APPLICATIONS.

      Section 274C (8 U.S.C. 1324c) is amended by adding at the end the
    following new subsection:
      ``(e) Criminal Penalties for Failure To Disclose Role as Document
    Preparer.--
              ``(1) If a person is required by law or regulation to
            disclose the fact that the person, on behalf of another person
            and for a fee or other remuneration, has prepared or assisted
            in preparing an application for asylum pursuant to section 208,
            or the regulations promulgated thereunder, and the person
            knowingly and willfully fails to disclose, conceals, or covers
            up such fact, and the application was falsely made, the person
            shall--
                      ``(A) be imprisoned for not less than 2 nor more than
                    5 years, fined in accordance with title 18, United
                    States Code, or both, and
                      ``(B) be prohibited from preparing or assisting in
                    preparing, regardless of whether for a fee or other
                    remuneration, any other such application for a period
                    of at least 5 years and not more than 15 years.
              ``(2) Whoever, having been convicted of a violation of
            paragraph (1), knowingly and willfully prepares or assists in
            preparing an application for asylum pursuant to section 208, or
            the regulations promulgated thereunder, regardless of whether
            for a fee or other remuneration, in violation of paragraph
            (1)(B) shall be imprisoned for not less than 5 years or more
            than 15 years, fined in accordance with title 18, United States
            Code, or both, and prohibited from preparing or assisting in
            preparing any other such application.''.

    SEC. 215. CRIMINAL PENALTY FOR KNOWINGLY PRESENTING DOCUMENT WHICH
                        FAILS TO CONTAIN REASONABLE BASIS IN LAW OR FACT.

      The fourth paragraph of section 1546(a) of title 18, United States
    Code, is amended by striking ``containing any such false statement''
    and inserting ``which contains any such false statement or which fails
    to contain any reasonable basis in law or fact''.

    SEC. 216. CRIMINAL PENALTIES FOR FALSE CLAIM TO CITIZENSHIP.

      Section 1015 of title 18, United States Code, is amended--
              (1) by striking the dash at the end of paragraph (d) and
            inserting ``; or'', and
              (2) by inserting after paragraph (d) the following:
      ``(e) Whoever knowingly makes any false statement or claim that he
    is, or at any time has been, a citizen or national of the United
    States, with the intent to obtain on behalf of himself, or any other
    person, any Federal benefit or service, or to engage unlawfully in
    employment in the United States; or
      ``(f) Whoever knowingly makes any false statement or claim that he is
    a citizen of the United States in order to register to vote or to vote
    in any Federal, State, or local election (including an initiative,
    recall, or referendum)--''.

          Subtitle C--Asset Forfeiture for Passport and Visa Offenses

    SEC. 221. CRIMINAL FORFEITURE FOR PASSPORT AND VISA RELATED OFFENSES.

      Section 982 of title 18, United States Code, is amended--
              (1) in subsection (a), by inserting after paragraph (5) the
            following new paragraph:
      ``(6) The court, in imposing sentence on a person convicted of a
    violation of, or conspiracy to violate, section 1541, 1542, 1543, 1544,
    or 1546 of this title, or a violation of, or conspiracy to violate,
    section 1028 of this title if committed in connection with passport or
    visa issuance or use, shall order that the person forfeit to the United
    States any property, real or personal, which the person used, or
    intended to be used, in committing, or facilitating the commission of,
    the violation, and any property constituting, or derived from, or
    traceable to, any proceeds the person obtained, directly or indirectly,
    as a result of such violation.'', and
              (2) in subsection (b)(1)(B), by inserting ``or (a)(6)'' after
            ``(a)(2)''.

    SEC. 222. SUBPOENAS FOR BANK RECORDS.

      Section 986(a) of title 18, United States Code, is amended by
    inserting ``1028, 1541, 1542, 1543, 1544, 1546,'' before ``1956''.

    SEC. 223. EFFECTIVE DATE.

      The amendments made by this subtitle shall take effect on the first
    day of the first month that begins more than 90 days after the date of
    the enactment of this Act.

       TITLE III--INSPECTION, APPREHENSION, DETENTION, ADJUDICATION, AND
                 REMOVAL OF INADMISSIBLE AND DEPORTABLE ALIENS

            Subtitle A--Revision of Procedures for Removal of Aliens

    SEC. 300. OVERVIEW OF CHANGES IN REMOVAL PROCEDURES.

      This subtitle amends the provisions of the Immigration and
    Nationality Act relating to procedures for inspection, exclusion, and
    deportation of aliens so as to provide for the following:
              (1) Expedited removal for undocumented aliens.--Aliens
            arriving without valid documents are subject to an expedited
            removal process, without an evidentiary hearing and subject to
            strictly limited judicial review.
              (2) No reward for illegal entrants or visa overstayers.--
            Aliens who enter illegally or who overstay the period of
            authorized admission will have a greater burden of proof in
            removal proceedings and will face tougher standards for most
            discretionary immigration benefits, such as suspension of
            removal and work authorization.
              (3) Stricter standards to assure detention of aliens.--There
            are more stringent standards for the release of aliens
            (particularly aliens convicted of aggravated felonies) during
            and after removal proceedings.
              (4) Simplified, single removal proceeding (in place of
            separate exclusion and deportation proceedings).--The
            procedures for exclusion and deportation are consolidated into
            a simpler, single procedure for removal of inadmissible and
            deportable aliens.
              (5) Streamlined judicial review.--Judicial review is
            streamlined through removing a layer of review in exclusion
            cases, shortening the time period to file for review, and
            permitting the removal of inadmissible aliens pending the
            review.
              (6) Increased penalties to assure removal and prevent further
            reentry.--Aliens who are ordered removed are subject to civil
            money penalties for failure to depart on time and if they seek
            reentry they are subject to immediate removal under the prior
            order.
              (7) Protection of applicants for asylum.--Throughout the
            process, the procedures protect those aliens who present
            credible claims for asylum by giving them an opportunity for a
            full hearing on their claims.
              (8) Reorganization.--The provisions of the Act are
            reorganized to provide a more logical progression from arrival
            and inspection through proceedings and removal.

    SEC. 301. TREATING PERSONS PRESENT IN THE UNITED STATES WITHOUT
                        AUTHORIZATION AS NOT ADMITTED.

      (a) ``Admission'' Defined.--Paragraph (13) of section 101(a) (8
    U.S.C. 1101(a)) is amended to read as follows:
      ``(13)(A) The terms `admission' and `admitted' mean, with respect to
    an alien, the entry of the alien into the United States after
    inspection and authorization by an immigration officer.
      ``(B) An alien who is paroled under section 212(d)(5) or permitted to
    land temporarily as an alien crewman shall not be considered to have
    been admitted.
      ``(C) An alien lawfully admitted for permanent residence in the
    United States shall not be regarded as seeking an admission into the
    United States for purposes of the immigration laws unless the alien--
              ``(i) has abandoned or relinquished that status,
              ``(ii) has engaged in illegal activity after having departed
            the United States,
              ``(iii) has departed from the United States while under legal
            process seeking removal of the alien from the United States,
            including removal proceedings under this Act and extradition
            proceedings,
              ``(iv) has been convicted of an aggravated felony, unless
            since such conviction the alien has been granted relief under
            section 240A(a), or
              ``(v) is attempting to enter at a time or place other than as
            designated by immigration officers or has not been admitted to
            the United States after inspection and authorization by an
            immigration officer.''.
      (b) Inadmissibility of Aliens Present Without Admission or Parole.--
              (1) In general.--Section 212(a) (8 U.S.C. 1182(a)) is amended
            by redesignating paragraph (9) as paragraph (10) and by
            inserting after paragraph (8) the following new paragraph:
              ``(9) Present without admission or parole.--
                      ``(A) In general.--An alien present in the United
                    States without being admitted or paroled, or who
                    arrives in the United States at any time or place other
                    than as designated by the Attorney General, is
                    inadmissible.
                      ``(B) Exception for certain battered women and
                    children.--Subparagraph (A) shall not apply to an alien
                    who can demonstrate that--
                              ``(i) the alien qualifies for immigrant
                            status under subparagraphs (A)(iii), (A)(iv),
                            (B)(ii), or (B)(iii) of section 204(a)(1),
                              ``(ii)(I) the alien has been battered or
                            subject to extreme cruelty by a spouse or
                            parent, or by a member of the spouse's or
                            parent's family residing in the same household
                            as the alien and the spouse or parent consented
                            or acquiesced to such battery or cruelty, or
                            (II) the alien's child has been battered or
                            subject to extreme cruelty by a spouse or
                            parent of the alien (without the active
                            participation of the alien in the battery or
                            extreme cruelty) or by a member of the spouse's
                            or parent's family residing in the same
                            household as the alien when the spouse or
                            parent consented to or acquiesced in such
                            battery or cruelty and the alien did not
                            actively participate in such battery or
                            cruelty, and
                              ``(iii) there was a substantial connection
                            between the battery or cruelty described in
                            subclause (I) or (II) and the alien's unlawful
                            entry into the United States.''.
              (2) Transition for battered spouse or child provision.--The
            requirements of clauses (ii) and (iii) of section 212(a)(9)(B)
            of the Immigration and Nationality Act, as inserted by
            paragraph (1), shall not apply to an alien who demonstrates
            that the alien first arrived in the United States before the
            title III-A effective date (described in section 309(a)).
      (c) Revision to Ground of Inadmissibility for Illegal Entrants and
    Immigration Violators.--Subparagraphs (A) and (B) of section 212(a)(6)
    (8 U.S.C. 1182(a)(6)) are amended to read as follows:
                      ``(A) Aliens previously removed.--
                              ``(i) Arriving aliens.--Any alien who has
                            been ordered removed under section 235(b)(1) or
                            at the end of proceedings under section 240
                            initiated upon the alien's arrival in the
                            United States and who again seeks admission
                            within 5 years of the date of such removal is
                            inadmissible.
                              ``(ii) Other aliens.--Any alien not described
                            in clause (i) who has been ordered removed
                            under section 240 or any other provision of law
                            and who again seeks admission within 10 years
                            of the date of such removal (or at any time in
                            the case of an alien convicted of an aggravated
                            felony) is inadmissible.
                              ``(iii) Exception.--Clauses (i) and (ii)
                            shall not apply to an alien seeking admission
                            within a period if, prior to the alien's
                            reembarkation at a place outside the United
                            States or attempt to be admitted from foreign
                            contiguous territory, the Attorney General has
                            consented to the alien's reapplying for
                            admission.
                      ``(B) Aliens present unlawfully for more than 1
                    year.--
                              ``(i) In general.--Any alien who was
                            unlawfully present in the United States for an
                            aggregate period totaling 1 year is
                            inadmissible unless the alien has remained
                            outside the United States for a period of 10
                            years.
                              ``(ii) Exceptions.--
                                      ``(I) Minors.--No period of time in
                                    which an alien is under 18 years of age
                                    shall be taken into account in
                                    determining the period of unlawful
                                    presence in the United States under
                                    clause (i).
                                      ``(II) Asylees.--No period of time in
                                    which an alien has a bona fide
                                    application for asylum pending under
                                    section 208 shall be taken into account
                                    in determining the period of unlawful
                                    presence in the United States under
                                    clause (i).
                                      ``(III) Aliens with work
                                    authorization.--No period of time in
                                    which an alien is provided
                                    authorization to engage in employment
                                    in the United States (including such an
                                    authorization under section
                                    244A(a)(1)(B)), or in which the alien
                                    is the spouse of such an alien, shall
                                    be taken into account in determining
                                    the period of unlawful presence in the
                                    United States under clause (i).
                                      ``(IV) Family unity.--No period of
                                    time in which the alien is a
                                    beneficiary of family unity protection
                                    pursuant to section 301 of the
                                    Immigration Act of 1990 shall be taken
                                    into account in determining the period
                                    of unlawful presence in the United
                                    States under clause (i).
                                      ``(V) Battered women and children.--
                                    Clause (i) shall not apply to an alien
                                    described in paragraph (9)(B).
                              ``(iii) Extension.--The Attorney General may
                            extend the period of 1 year under clause (i) to
                            a period of 15 months in the case of an alien
                            who applies to the Attorney General (before the
                            alien has been present unlawfully in the United
                            States for a period totaling 1 year) and
                            establishes to the satisfaction of the Attorney
                            General that--
                                      ``(I) the alien is not inadmissible
                                    under clause (i) at the time of the
                                    application, and
                                      ``(II) the failure to extend such
                                    period would constitute an extreme
                                    hardship for the alien.
                              ``(iv) Waiver.--In the case of an alien who
                            is the spouse, parent, or child of a United
                            States citizen or the spouse or child of a
                            permanent resident alien, the Attorney General
                            may waive clause (i) for humanitarian purposes,
                            to assure family unity, or when it is otherwise
                            in the public interest.
                              ``(v) National interest waiver.--The Attorney
                            General may waive clause (i) if the Attorney
                            General determines that such a waiver is
                            necessary to substantially benefit--
                                      ``(I) the national security, national
                                    defense, or Federal, State, or local
                                    law enforcement;
                                      ``(II) health care, housing, or
                                    educational opportunities for an
                                    indigent or low-income population or in
                                    an underserved geographical area;
                                      ``(III) economic or employment
                                    opportunities for a specific industry
                                    or specific geographical area;
                                      ``(IV) the development of new
                                    technologies; or
                                      ``(V) environmental protection or the
                                    productive use of natural resources;
                                    and
                            the alien will engage in a specific undertaking
                            to advance one or more of the interests
                            identified in subclauses (I) through (V).''.
      (d) Waiver of Misrepresentation Ground of Inadmissibility for Certain
    Aliens.--Subsection (i) of section 212 is amended to read as follows:
      ``(i) The Attorney General may, in the discretion of the Attorney
    General, waive the application of clause (i) of subsection (a)(6)(C)--
              ``(1) in the case of an immigrant who is the spouse, son, or
            daughter of a United States citizen; or
              ``(2) in the case of an immigrant who is the spouse or son or
            daughter of an alien lawfully admitted for permanent residence,
            if it is established to the satisfaction of the Attorney
            General that the refusal of admission to the United States of
            such immigrant alien would result in extreme hardship to the
            lawfully resident spouse or parent of such an alien.''.
      (e) Prohibition on Issuance of Visas for Former Citizens Who
    Renounced Citizenship to Avoid United States Taxation.--Section
    212(a)(10) (8 U.S.C. 1182(a)(10)), as redesignated by subsection
    (b)(1), is amended by adding at the end the following:
                      ``(D) Former citizens who renounced citizenship to
                    avoid taxation.--Any alien who is a former citizen of
                    the United States who officially renounced United
                    States citizenship and who is determined by the
                    Attorney General to have renounced United States
                    citizenship for the purpose of avoiding taxation by the
                    United States is excludable.''.
      (f) Proof of Vaccination Requirement for Immigrants.--
              (1) In general.--Section 212(a)(1)(A) (8 U.S.C.
            1182(a)(1)(A)) is amended--
                      (A) by redesignating clauses (ii) and (iii) as
                    clauses (iii) and (iv), respectively, and
                      (B) by inserting after clause (i) the following new
                    clause:
                              ``(ii) who seeks admission as an immigrant,
                            or who seeks adjustment of status to the status
                            of an alien lawfully admitted for permanent
                            residence, and who has failed to present
                            documentation of having received vaccination
                            against vaccine-preventable diseases, which
                            shall include at least the following diseases:
                            mumps, measles, rubella, polio, tetanus and
                            diphtheria toxoids, pertussis, influenza type B
                            and hepatitis B, and any other vaccinations
                            against vaccine-preventable diseases
                            recommended by the Advisory Committee for
                            Immunization Practices,''.
              (2) Waiver.--Section 212(g) (8 U.S.C. 1182(g) is amended by
            striking ``, or'' at the end of paragraph (1) and all that
            follows and inserting a semicolon and the following:
            ``in accordance with such terms, conditions, and controls, if
            any, including the giving of bond, as the Attorney General, in
            the discretion of the Attorney General after consultation with
            the Secretary of Health and Human Services, may by regulation
            prescribe;
              ``(2) subsection (a)(1)(A)(ii) in the case of any alien--
                      ``(A) who receives vaccination against the vaccine-
                    preventable disease or diseases for which the alien has
                    failed to present documentation of previous
                    vaccination, or
                      ``(B) for whom a civil surgeon, medical officer, or
                    panel physician (as those terms are defined by 42
                    C.F.R. 34.2) certifies, according to such regulations
                    as the Secretary of Health and Human Services may
                    prescribe, that such vaccination would not be medically
                    appropriate; or
              ``(3) subsection (a)(1)(A)(iii) in the case of any alien, in
            accordance with such terms, conditions, and controls, if any,
            including the giving of bond, as the Attorney General, in the
            discretion of the Attorney General after consultation with the
            Secretary of Health and Human Services, may by regulation
            prescribe.''.
              (3) Effective date.--The amendments made by this subsection
            shall apply with respect to applications for immigrant visas or
            for adjustment of status filed after September 30, 1996.
      (g) Adjustment in Grounds for Deportation.--Section 241 (8 U.S.C.
    1251), before redesignation as section 237 by section 305(a)(2), is
    amended--
              (1) in the matter before paragraph (1) of subsection (a), by
            striking ``in the United States'' and inserting ``in and
            admitted to the United States'';
              (2) in subsection (a)(1), by striking ``Excludable'' each
            place it appears and inserting ``Inadmissible'';
              (3) in subsection (a)(1)(A), by striking ``excludable'' and
            inserting ``inadmissible''; and
              (4) by amending subparagraph (B) of subsection (a)(1) to read
            as follows:
                      ``(B) Present in violation of law.--Any alien who is
                    present in the United States in violation of this Act
                    or any other law of the United States is deportable.''.

    SEC. 302. INSPECTION OF ALIENS; EXPEDITED REMOVAL OF INADMISSIBLE
                        ARRIVING ALIENS; REFERRAL FOR HEARING (REVISED
                        SECTION 235).

      Section 235 (8 U.S.C. 1225) is amended to read as follows:
    ``inspection by immigration officers; expedited removal of inadmissible
                     arriving aliens; referral for hearing
      ``Sec. 235. (a) Inspection.--
              ``(1) Aliens treated as applicants for admission.--An alien
            present in the United States who has not been admitted, who
            arrives in the United States (whether or not at a designated
            port of arrival), or who is brought to the United States after
            having been interdicted in international or United States
            waters shall be deemed for purposes of this Act an applicant
            for admission.
              ``(2) Stowaways.--An arriving alien who is a stowaway is not
            eligible to apply for admission or to be admitted and shall be
            ordered removed upon inspection by an immigration officer. Upon
            such inspection if the alien indicates an intention to apply
            for asylum under section 208 or a fear of persecution, the
            officer shall refer the alien for an interview under subsection
            (b)(1)(B). A stowaway may apply for asylum only if the stowaway
            is found to have a credible fear of persecution under
            subsection (b)(1)(B). In no case may a stowaway be considered
            an applicant for admission or eligible for a hearing under
            section 240.
              ``(3) Inspection.--All aliens (including alien crewmen) who
            are applicants for admission or otherwise seeking admission or
            readmission to or transit through the United States shall be
            inspected by immigration officers.
              ``(4) Withdrawal of application for admission.--An alien
            applying for admission may, in the discretion of the Attorney
            General and at any time, be permitted to withdraw the
            application for admission and depart immediately from the
            United States.
              ``(5) Statements.--An applicant for admission may be required
            to state under oath any information sought by an immigration
            officer regarding the purposes and intentions of the applicant
            in seeking admission to the United States, including the
            applicant's intended length of stay and whether the applicant
            intends to remain permanently or become a United States
            citizen, and whether the applicant is inadmissible.
      ``(b) Inspection of Applicants for Admission.--
              ``(1) Inspection of aliens arriving in the united states.--
                      ``(A) Screening.--If the examining immigration
                    officer determines that an alien arriving in the United
                    States (whether or not at a port of entry) is
                    inadmissible under section 212(a)(6)(C) or 212(a)(7)
                    and the alien--
                              ``(i) does not indicate either an intention
                            to apply for asylum under section 208 or a fear
                            of persecution, the officer shall order the
                            alien removed from the United States without
                            further hearing or review; or
                              ``(ii) indicates an intention to apply for
                            asylum under section 208 or a fear of
                            persecution, the officer shall refer the alien
                            for an interview by an asylum officer under
                            subparagraph (B).
                      ``(B) Asylum interviews.--
                              ``(i) Conduct by asylum officers.--An asylum
                            officer shall promptly conduct interviews of
                            aliens referred under subparagraph (A)(ii).
                              ``(ii) Referral of certain aliens.--If the
                            officer determines at the time of the interview
                            that an alien has a credible fear of
                            persecution (within the meaning of clause (v)),
                            the alien shall be detained for further
                            consideration of the application for asylum.
                              ``(iii) Removal without further review if no
                            credible fear of persecution.--
                                      ``(I) In general.--Subject to
                                    subclause (II), if the officer
                                    determines that an alien does not have
                                    a credible fear of persecution, the
                                    officer shall order the alien removed
                                    from the United States without further
                                    hearing or review.
                                      ``(II) Review of determination by
                                    supervisory officer.--The Attorney
                                    General shall promulgate regulations to
                                    provide for the immediate review by a
                                    supervisory asylum officer at the port
                                    of entry of a determination under
                                    subclause (I).
                              ``(iv) Information about interviews.--The
                            Attorney General shall provide information
                            concerning the asylum interview described in
                            this subparagraph to aliens who may be
                            eligible. An alien who is eligible for such
                            interview may consult with a person or persons
                            of the alien's choosing prior to the interview
                            or any review thereof, according to regulations
                            prescribed by the Attorney General. Such
                            consultation shall be at no expense to the
                            Government and shall not delay the process.
                              ``(v) Credible fear of persecution defined.--
                            For purposes of this subparagraph, the term
                            `credible fear of persecution' means (I) that
                            it is more probable than not that the
                            statements made by the alien in support of the
                            alien's claim are true, and (II) that there is
                            a significant possibility, in light of such
                            statements and of such other facts as are known
                            to the officer, that the alien could establish
                            eligibility for asylum under section 208.
                      ``(C) Limitation on administrative review.--A removal
                    order entered in accordance with subparagraph (A)(i) or
                    (B)(iii)(I) is not subject to administrative appeal,
                    except that the Attorney General shall provide by
                    regulation for prompt review of such an order under
                    subparagraph (A)(i) against an alien who claims under
                    oath, or as permitted under penalty of perjury under
                    section 1746 of title 28, United States Code, after
                    having been warned of the penalties for falsely making
                    such claim under such conditions, to have been lawfully
                    admitted for permanent residence.
                      ``(D) Limit on collateral attacks.--In any action
                    brought against an alien under section 275(a) or
                    section 276, the court shall not have jurisdiction to
                    hear any claim attacking the validity of an order of
                    removal entered under subparagraph (A)(i) or
                    (B)(iii)(I).
                      ``(E) Asylum officer defined.--As used in this
                    paragraph, the term `asylum officer' means an
                    immigration officer who--
                              ``(i) has had professional training in
                            country conditions, asylum law, and interview
                            techniques, and
                              ``(ii) is supervised by an officer who meets
                            the condition described in clause (i).
              ``(2) Inspection of other aliens.--
                      ``(A) In general.--Subject to subparagraph (B), in
                    the case of an alien who is an applicant for admission,
                    if the examining immigration officer determines that an
                    alien seeking admission is not clearly and beyond a
                    doubt entitled to be admitted, the alien shall be
                    detained for a hearing under section 240.
                      ``(B) Exception.--Subparagraph (A) shall not apply to
                    an alien--
                              ``(i) who is a crewman,
                              ``(ii) to whom paragraph (1) applies, or
                              ``(iii) who is a stowaway.
              ``(3) Challenge of decision.--The decision of the examining
            immigration officer, if favorable to the admission of any
            alien, shall be subject to challenge by any other immigration
            officer and such challenge shall operate to take the alien
            whose privilege to be admitted is so challenged, before an
            immigration judge for a hearing under section 240.
      ``(c) Removal of Aliens Inadmissible on Security and Related
    Grounds.--
              ``(1) Removal without further hearing.--If an immigration
            officer or an immigration judge suspects that an arriving alien
            may be inadmissible under subparagraph (A) (other than clause
            (ii)), (B), or (C) of section 212(a)(3), the officer or judge
            shall--
                      ``(A) order the alien removed, subject to review
                    under paragraph (2);
                      ``(B) report the order of removal to the Attorney
                    General; and
                      ``(C) not conduct any further inquiry or hearing
                    until ordered by the Attorney General.
              ``(2) Review of order.--(A) The Attorney General shall review
            orders issued under paragraph (1).
              ``(B) If the Attorney General--
                      ``(i) is satisfied on the basis of confidential
                    information that the alien is inadmissible under
                    subparagraph (A) (other than clause (ii)), (B), or (C)
                    of section 212(a)(3), and
                      ``(ii) after consulting with appropriate security
                    agencies of the United States Government, concludes
                    that disclosure of the information would be prejudicial
                    to the public interest, safety, or security,
            the Attorney General may order the alien removed without
            further inquiry or hearing by an immigration judge.
              ``(C) If the Attorney General does not order the removal of
            the alien under subparagraph (B), the Attorney General shall
            specify the further inquiry or hearing that shall be conducted
            in the case.
              ``(3) Submission of statement and information.--The alien or
            the alien's representative may submit a written statement and
            additional information for consideration by the Attorney
            General.
      ``(d) Authority Relating to Inspections.--
              ``(1) Authority to search conveyances.--Immigration officers
            are authorized to board and search any vessel, aircraft,
            railway car, or other conveyance or vehicle in which they
            believe aliens are being brought into the United States.
              ``(2) Authority to order detention and delivery of arriving
            aliens.--Immigration officers are authorized to order an owner,
            agent, master, commanding officer, person in charge, purser, or
            consignee of a vessel or aircraft bringing an alien (except an
            alien crewmember) to the United States--
                      ``(A) to detain the alien on the vessel or at the
                    airport of arrival, and
                      ``(B) to deliver the alien to an immigration officer
                    for inspection or to a medical officer for examination.
              ``(3) Administration of oath and consideration of evidence.--
            The Attorney General and any immigration officer shall have
            power to administer oaths and to take and consider evidence of
            or from any person touching the privilege of any alien or
            person he believes or suspects to be an alien to enter,
            reenter, transit through, or reside in the United States or
            concerning any matter which is material and relevant to the
            enforcement of this Act and the administration of the Service.
              ``(4) Subpoena authority.--(A) The Attorney General and any
            immigration officer shall have power to require by subpoena the
            attendance and testimony of witnesses before immigration
            officers and the production of books, papers, and documents
            relating to the privilege of any person to enter, reenter,
            reside in, or pass through the United States or concerning any
            matter which is material and relevant to the enforcement of
            this Act and the administration of the Service, and to that end
            may invoke the aid of any court of the United States.
              ``(B) Any United States district court within the
            jurisdiction of which investigations or inquiries are being
            conducted by an immigration officer may, in the event of
            neglect or refusal to respond to a subpoena issued under this
            paragraph or refusal to testify before an immigration officer,
            issue an order requiring such persons to appear before an
            immigration officer, produce books, papers, and documents if
            demanded, and testify, and any failure to obey such order of
            the court may be punished by the court as a contempt
            thereof.''.

    SEC. 303. APPREHENSION AND DETENTION OF ALIENS NOT LAWFULLY IN THE
                        UNITED STATES (REVISED SECTION 236).

      (a) In General.--Section 236 (8 U.S.C. 1226) is amended to read as
    follows:
       ``apprehension and detention of aliens not lawfully in the united
                                     states
      ``Sec. 236. (a) Arrest, Detention, and Release.--On a warrant issued
    by the Attorney General, an alien may be arrested and detained pending
    a decision on whether the alien is to be removed from the United
    States. Except as provided in subsection (c) and pending such decision,
    the Attorney General--
              ``(1) may continue to detain the arrested alien; and
              ``(2) may release the alien on--
                      ``(A) bond of at least $1,500 with security approved
                    by, and containing conditions prescribed by, the
                    Attorney General; or
                      ``(B) conditional parole; but
              ``(3) may not provide the alien with work authorization
            (including an `employment authorized' endorsement or other
            appropriate work permit), unless the alien is lawfully admitted
            for permanent residence or otherwise would (without regard to
            removal proceedings) be provided such authorization.
      ``(b) Revocation of Bond or Parole.--The Attorney General at any time
    may revoke a bond or parole authorized under subsection (a), rearrest
    the alien under the original warrant, and detain the alien.
      ``(c) Aliens Convicted of Aggravated Felonies.--
              ``(1) Custody.--The Attorney General shall take into custody
            any alien convicted of an aggravated felony when the alien is
            released, without regard to whether the alien is released on
            parole, supervised release, or probation, and without regard to
            whether the alien may be arrested or imprisoned again for the
            same offense.
              ``(2) Release.--The Attorney General may release the alien
            only if--
                      ``(A) the alien was lawfully admitted to the United
                    States and satisfies the Attorney General that the
                    alien will not pose a danger to the safety of other
                    persons or of property and is likely to appear for any
                    scheduled proceeding;
                      ``(B) the alien was not lawfully admitted to the
                    United States, cannot be removed because the designated
                    country of removal will not accept the alien, and
                    satisfies the Attorney General that the alien will not
                    pose a danger to the safety of other persons or of
                    property and is likely to appear for any scheduled
                    proceeding; or
                      ``(C) the Attorney General decides pursuant to
                    section 3521 of title 18, United States Code, that
                    release of the alien from custody is necessary to
                    provide protection to a witness, a potential witness, a
                    person cooperating with an investigation into major
                    criminal activity, or an immediate family member or
                    close associate of a witness, potential witness, or
                    person cooperating with such an investigation.
            A decision relating to such release shall take place in
            accordance with a procedure that considers the severity of the
            offense committed by the alien.
      ``(d) Identification of Aliens Convicted of Aggravated Felonies.--(1)
    The Attorney General shall devise and implement a system--
              ``(A) to make available, daily (on a 24-hour basis), to
            Federal, State, and local authorities the investigative
            resources of the Service to determine whether individuals
            arrested by such authorities for aggravated felonies are
            aliens;
              ``(B) to designate and train officers and employees of the
            Service to serve as a liaison to Federal, State, and local law
            enforcement and correctional agencies and courts with respect
            to the arrest, conviction, and release of any alien charged
            with an aggravated felony; and
              ``(C) which uses computer resources to maintain a current
            record of aliens who have been convicted of an aggravated
            felony and who have been removed.
      ``(2) The record under paragraph (1)(C) shall be made available--
              ``(A) to inspectors at ports of entry and to border patrol
            agents at sector headquarters for purposes of immediate
            identification of any such previously removed alien seeking to
            reenter the United States, and
              ``(B) to officials of the Department of State for use in its
            automated visa lookout system.''.
      (b) Increase in INS Detention Facilities.--Subject to the
    availability of appropriations, the Attorney General shall provide for
    an increase in the detention facilities of the Immigration and
    Naturalization Service to at least 9,000 beds by fiscal year 1997.

    SEC. 304. REMOVAL PROCEEDINGS; CANCELLATION OF REMOVAL AND ADJUSTMENT
                        OF STATUS; VOLUNTARY DEPARTURE (REVISED AND NEW
                        SECTIONS 239 TO 240C).

      (a) In General.--Chapter 4 of title II is amended--
              (1) by redesignating section 239 as section 234 and by moving
            such section to immediately follow section 233;
              (2) by redesignating section 240 (8 U.S.C. 1230) as section
            240C; and
              (3) by inserting after section 238 the following new
            sections:
                      ``initiation of removal proceedings
      ``Sec. 239. (a) Notice to Appear.--
              ``(1) In general.--In removal proceedings under section 240,
            written notice (in this section referred to as a `notice to
            appear') shall be given in person to the alien (or, if personal
            service is not practicable, through service by mail to the
            alien or to the alien's counsel of record, if any) specifying
            the following:
                      ``(A) The nature of the proceedings against the
                    alien.
                      ``(B) The legal authority under which the proceedings
                    are conducted.
                      ``(C) The acts or conduct alleged to be in violation
                    of law.
                      ``(D) The charges against the alien and the statutory
                    provisions alleged to have been violated.
                      ``(E) The alien may be represented by counsel and the
                    alien will be provided (i) a period of time to secure
                    counsel under subsection (b)(1) and (ii) a current list
                    of counsel prepared under subsection (b)(2).
                      ``(F)(i) The requirement that the alien must
                    immediately provide (or have provided) the Attorney
                    General with a written record of an address and
                    telephone number (if any) at which the alien may be
                    contacted respecting proceedings under section 240.
                      ``(ii) The requirement that the alien must provide
                    the Attorney General immediately with a written record
                    of any change of the alien's address or telephone
                    number.
                      ``(iii) The consequences under section 240(b)(5) of
                    failure to provide address and telephone information
                    pursuant to this subparagraph.
                      ``(G)(i) The time and place at which the proceedings
                    will be held.
                      ``(ii) The consequences under section 240(b)(5) of
                    the failure, except under exceptional circumstances, to
                    appear at such proceedings.
              ``(2) Notice of change in time or place of proceedings.--
                      ``(A) In general.--In removal proceedings under
                    section 240, in the case of any change or postponement
                    in the time and place of such proceedings, subject to
                    subparagraph (B) a written notice shall be given in
                    person to the alien (or, if personal service is not
                    practicable, through service by mail to the alien or to
                    the alien's counsel of record, if any) specifying--
                              ``(i) the new time or place of the
                            proceedings, and
                              ``(ii) the consequences under section
                            240(b)(5) of failing, except under exceptional
                            circumstances, to attend such proceedings.
                      ``(B) Exception.--In the case of an alien not in
                    detention, a written notice shall not be required under
                    this paragraph if the alien has failed to provide the
                    address required under paragraph (1)(F).
              ``(3) Central address files.--The Attorney General shall
            create a system to record and preserve on a timely basis
            notices of addresses and telephone numbers (and changes)
            provided under paragraph (1)(F).
      ``(b) Securing of Counsel.--
              ``(1) In general.--In order that an alien be permitted the
            opportunity to secure counsel before the first hearing date in
            proceedings under section 240, the hearing date shall not be
            scheduled earlier than 10 days after the service of the notice
            to appear, unless the alien requests in writing an earlier
            hearing date.
              ``(2) Current lists of counsel.--The Attorney General shall
            provide for lists (updated not less often than quarterly) of
            persons who have indicated their availability to represent pro
            bono aliens in proceedings under section 240. Such lists shall
            be provided under subsection (a)(1)(E) and otherwise made
            generally available.
      ``(c) Service by Mail.--Service by mail under this section shall be
    sufficient if there is proof of attempted delivery to the last address
    provided by the alien in accordance with subsection (a)(1)(F).
      ``(d) Prompt Initiation of Removal.--(1) In the case of an alien who
    is convicted of an offense which makes the alien deportable, the
    Attorney General shall begin any removal proceeding as expeditiously as
    possible after the date of the conviction.
      ``(2) Nothing in this subsection shall be construed to create any
    substantive or procedural right or benefit that is legally enforceable
    by any party against the United States or its agencies or officers or
    any other person.
                             ``removal proceedings
      ``Sec. 240. (a) Proceeding.--
              ``(1) In general.--An immigration judge shall conduct
            proceedings for deciding the inadmissibility or deportability
            of an alien.
              ``(2) Charges.--An alien placed in proceedings under this
            section may be charged with any applicable ground of
            inadmissibility under section 212(a) or any applicable ground
            of deportability under section 237(a).
              ``(3) Exclusive procedures.--Unless otherwise specified in
            this Act, a proceeding under this section shall be the sole and
            exclusive procedure for determining whether an alien may be
            admitted to the United States or, if the alien has been so
            admitted, removed from the United States. Nothing in this
            section shall affect proceedings conducted pursuant to section
            238.
      ``(b) Conduct of Proceeding.--
              ``(1) Authority of immigration judge.--The immigration judge
            shall administer oaths, receive evidence, and interrogate,
            examine, and cross-examine the alien and any witnesses. The
            immigration judge may issue subpoenas for the attendance of
            witnesses and presentation of evidence. The immigration judge
            shall have authority (under regulations prescribed by the
            Attorney General) to sanction by civil money penalty any action
            (or inaction) in contempt of the judge's proper exercise of
            authority under this Act.
              ``(2) Form of proceeding.--
                      ``(A) In general.--The proceeding may take place--
                              ``(i) in person,
                              ``(ii) through video conference, or
                              ``(iii) subject to subparagraph (B), through
                            telephone conference.
                      ``(B) Consent required in certain cases.--An
                    evidentiary hearing on the merits may only be conducted
                    through a telephone conference with the consent of the
                    alien involved after the alien has been advised of the
                    right to proceed in person or through video conference.
              ``(3) Presence of alien.--If it is impracticable by reason of
            an alien's mental incompetency for the alien to be present at
            the proceeding, the Attorney General shall prescribe safeguards
            to protect the rights and privileges of the alien.
              ``(4) Aliens rights in proceeding.--In proceedings under this
            section, under regulations of the Attorney General--
                      ``(A) the alien shall have the privilege of being
                    represented, at no expense to the Government, by
                    counsel of the alien's choosing who is authorized to
                    practice in such proceedings,
                      ``(B) the alien shall have a reasonable opportunity
                    to examine the evidence against the alien, to present
                    evidence on the alien's own behalf, and to cross-
                    examine witnesses presented by the Government, and
                      ``(C) a complete record shall be kept of all
                    testimony and evidence produced at the proceeding.
              ``(5) Consequences of failure to appear.--
                      ``(A) In general.--Any alien who, after written
                    notice required under paragraph (1) or (2) of section
                    239(a) has been provided to the alien or the alien's
                    counsel of record, does not attend a proceeding under
                    this section, shall be ordered removed in absentia if
                    the Service establishes by clear, unequivocal, and
                    convincing evidence that the written notice was so
                    provided and that the alien is removable (as defined in
                    subsection (e)(2)). The written notice by the Attorney
                    General shall be considered sufficient for purposes of
                    this subparagraph if provided at the most recent
                    address provided under section 239(a)(1)(F).
                      ``(B) No notice if failure to provide address
                    information.--No written notice shall be required under
                    subparagraph (A) if the alien has failed to provide the
                    address required under section 239(a)(1)(F).
                      ``(C) Rescission of order.--Such an order may be
                    rescinded only--
                              ``(i) upon a motion to reopen filed within
                            180 days after the date of the order of removal
                            if the alien demonstrates that the failure to
                            appear was because of exceptional circumstances
                            (as defined in subsection (e)(1)), or
                              ``(ii) upon a motion to reopen filed at any
                            time if the alien demonstrates that the alien
                            did not receive notice in accordance with
                            paragraph (1) or (2) of section 239(a) or the
                            alien demonstrates that the alien was in
                            Federal or State custody and did not appear
                            through no fault of the alien.
                    The filing of the motion to reopen described in clause
                    (i) or (ii) shall stay the removal of the alien pending
                    disposition of the motion.
                      ``(D) Effect on judicial review.--Any petition for
                    review under section 242 of an order entered in
                    absentia under this paragraph shall (except in cases
                    described in section 242(b)(5)) be confined to (i) the
                    validity of the notice provided to the alien, (ii) the
                    reasons for the alien's not attending the proceeding,
                    and (iii) whether or not the alien is removable.
              ``(6) Treatment of frivolous behavior.--The Attorney General
            shall, by regulation--
                      ``(A) define in a proceeding before an immigration
                    judge or before an appellate administrative body under
                    this title, frivolous behavior for which attorneys may
                    be sanctioned,
                      ``(B) specify the circumstances under which an
                    administrative appeal of a decision or ruling will be
                    considered frivolous and will be summarily dismissed,
                    and
                      ``(C) impose appropriate sanctions (which may include
                    suspension and disbarment) in the case of frivolous
                    behavior.
            Nothing in this paragraph shall be construed as limiting the
            authority of the Attorney General to take actions with respect
            to inappropriate behavior.
              ``(7) Limitation on discretionary relief for failure to
            appear.--Any alien against whom a final order of removal is
            entered in absentia under this subsection and who, at the time
            of the notice described in paragraph (1) or (2) of section
            239(a), was provided oral notice, either in the alien's native
            language or in another language the alien understands, of the
            time and place of the proceedings and of the consequences under
            this paragraph of failing, other than because of exceptional
            circumstances (as defined in subsection (e)(1)) to attend a
            proceeding under this section, shall not be eligible for relief
            under section 240A, 240B, 245, 248, or 249 for a period of 10
            years after the date of the entry of the final order of
            removal.
      ``(c) Decision and Burden of Proof.--
              ``(1) Decision.--
                      ``(A) In general.--At the conclusion of the
                    proceeding the immigration judge shall decide whether
                    an alien is removable from the United States. The
                    determination of the immigration judge shall be based
                    only on the evidence produced at the hearing.
                      ``(B) Certain medical decisions.--If a medical
                    officer or civil surgeon or board of medical officers
                    has certified under section 232(b) that an alien has a
                    disease, illness, or addiction which would make the
                    alien inadmissible under paragraph (1) of section
                    212(a), the decision of the immigration judge shall be
                    based solely upon such certification.
              ``(2) Burden on alien.--In the proceeding the alien has the
            burden of establishing--
                      ``(A) if the alien is an applicant for admission,
                    that the alien is clearly and beyond doubt entitled to
                    be admitted and is not inadmissible under section 212;
                    or
                      ``(B) by clear and convincing evidence, that the
                    alien is lawfully present in the United States pursuant
                    to a prior admission.
            In meeting the burden of proof under subparagraph (B), the
            alien shall have access to the alien's visa or other entry
            document, if any, and any other records and documents, not
            considered by the Attorney General to be confidential,
            pertaining to the alien's admission or presence in the United
            States.
              ``(3) Burden on service in cases of deportable aliens.--In
            the proceeding the Service has the burden of establishing by
            clear and convincing evidence that, in the case of an alien who
            has been admitted to the United States, the alien is
            deportable. No decision on deportability shall be valid unless
            it is based upon reasonable, substantial, and probative
            evidence.
              ``(4) Notice.--If the immigration judge decides that the
            alien is removable and orders the alien to be removed, the
            judge shall inform the alien of the right to appeal that
            decision and of the consequences for failure to depart under
            the order of removal, including civil and criminal penalties.
              ``(5) Motions to reconsider.--
                      ``(A) In general.--The alien may file one motion to
                    reconsider a decision that the alien is removable from
                    the United States.
                      ``(B) Deadline.--The motion must be filed within 30
                    days of the date of entry of a final administrative
                    order of removal.
                      ``(C) Contents.--The motion shall specify the errors
                    of law or fact in the previous order and shall be
                    supported by pertinent authority.
              ``(6) Motions to reopen.--
                      ``(A) In general.--An alien may file one motion to
                    reopen proceedings under this section.
                      ``(B) Contents.--The motion to reopen shall state the
                    new facts that will be proven at a hearing to be held
                    if the motion is granted, and shall be supported by
                    affidavits or other evidentiary material.
                      ``(C) Deadline.--
                              ``(i) In general.--Except as provided in this
                            subparagraph, the motion to reopen shall be
                            filed within 90 days of the date of entry of a
                            final administrative order of removal.
                              ``(ii) Asylum.--There is no time limit on the
                            filing of a motion to reopen if the basis of
                            the motion is to apply for relief under
                            sections 208 or 241(b)(3) and is based on
                            changed country conditions arising in the
                            country of nationality or the country to which
                            removal has been ordered, if such evidence is
                            material and was not available and would not
                            have been discovered or presented at the
                            previous proceeding.
                              ``(iii) Failure to appear.--A motion to
                            reopen may be filed within 180 days after the
                            date of the final order of removal if the order
                            has been entered pursuant to subsection (b)(5)
                            due to the alien's failure to appear for
                            proceedings under this section and the alien
                            establishes that the alien's failure to appear
                            was because of exceptional circumstances beyond
                            the control of the alien or because the alien
                            did not receive the notice required under
                            section 239(a)(2).
      ``(d) Stipulated Removal.--The Attorney General shall provide by
    regulation for the entry by an immigration judge of an order of removal
    stipulated to by the alien (or the alien's representative) and the
    Service. A stipulated order shall constitute a conclusive determination
    of the alien's removability from the United States.
      ``(e) Definitions.--In this section and section 240A:
              ``(1) Exceptional circumstances.--The term `exceptional
            circumstances' refers to exceptional circumstances (such as
            serious illness of the alien or serious illness or death of the
            spouse, child, or parent of the alien, but not including less
            compelling circumstances) beyond the control of the alien.
              ``(2) Removable.--The term `removable' means--
                      ``(A) in the case of an alien not admitted to the
                    United States, that the alien is inadmissible under
                    section 212, or
                      ``(B) in the case of an alien admitted to the United
                    States, that the alien is deportable under section 237.
                ``cancellation of removal; adjustment of status
      ``Sec. 240A. (a) Cancellation of Removal for Certain Permanent
    Residents.--The Attorney General may cancel removal in the case of an
    alien who is inadmissible or deportable from the United States if the
    alien--
              ``(1) has been an alien lawfully admitted for permanent
            residence for not less than 5 years,
              ``(2) has resided in the United States continuously for 7
            years after having been admitted in any status, and
              ``(3) has not been convicted of an aggravated felony or
            felonies for which the alien has been sentenced, in the
            aggregate, to a term of imprisonment of at least 5 years.
      ``(b) Cancellation of Removal and Adjustment of Status for Certain
    Nonpermanent Residents.--
              ``(1) In general.--The Attorney General may cancel removal in
            the case of an alien who is inadmissible or deportable from the
            United States if the alien--
                      ``(A) has been physically present in the United
                    States for a continuous period of not less than 7 years
                    immediately preceding the date of such application;
                      ``(B) has been a person of good moral character
                    during such period;
                      ``(C) has not been convicted of an aggravated felony;
                    and
                      ``(D) establishes that removal would result in
                    extreme hardship to the alien or to the alien's spouse,
                    parent, or child, who is a citizen of the United States
                    or an alien lawfully admitted for permanent residence.
              ``(2) Special rule for battered spouse or child.--The
            Attorney General may cancel removal in the case of an alien who
            is inadmissible or deportable from the United States if the
            alien--
                      ``(A) has been battered or subjected to extreme
                    cruelty in the United States by a spouse or parent who
                    is a United States citizen or lawful permanent resident
                    (or is the parent of a child of a United States citizen
                    or lawful permanent resident and the child has been
                    battered or subjected to extreme cruelty in the United
                    States by such citizen or permanent resident parent);
                      ``(B) has been physically present in the United
                    States for a continuous period of not less than 3 years
                    immediately preceding the date of such application;
                      ``(C) has been a person of good moral character
                    during such period;
                      ``(D) is not inadmissible under paragraph (2) or (3)
                    of section 212(a), is not deportable under paragraph
                    (1)(G) or (2) through (4) of section 237(a), and has
                    not been convicted of an aggravated felony; and
                      ``(E) establishes that removal would result in
                    extreme hardship to the alien, the alien's child, or
                    (in the case of an alien who is a child) to the alien's
                    parent.
            In acting on applications under this paragraph, the Attorney
            General shall consider any credible evidence relevant to the
            application. The determination of what evidence is credible and
            the weight to be given that evidence shall be within the sole
            discretion of the Attorney General.
              ``(3) Adjustment of status.--The Attorney General may adjust
            to the status of an alien lawfully admitted for permanent
            residence any alien who the Attorney General determines meets
            the requirements of paragraph (1) or (2). The number of
            adjustments under this paragraph shall not exceed 4,000 for any
            fiscal year. The Attorney General shall record the alien's
            lawful admission for permanent residence as of the date the
            Attorney General's cancellation of removal under paragraph (1)
            or (2) or determination under this paragraph.
      ``(c) Aliens Ineligible for Relief.--The provisions of subsections
    (a) and (b)(1) shall not apply to any of the following aliens:
              ``(1) An alien who entered the United States as a crewman
            subsequent to June 30, 1964.
              ``(2) An alien who was admitted to the United States as a
            nonimmigrant exchange alien as defined in section
            101(a)(15)(J), or has acquired the status of such a
            nonimmigrant exchange alien after admission, in order to
            receive graduate medical education or training, regardless of
            whether or not the alien is subject to or has fulfilled the
            two-year foreign residence requirement of section 212(e).
              ``(3) An alien who--
                      ``(A) was admitted to the United States as a
                    nonimmigrant exchange alien as defined in section
                    101(a)(15)(J) or has acquired the status of such a
                    nonimmigrant exchange alien after admission other than
                    to receive graduate medical education or training,
                      ``(B) is subject to the two-year foreign residence
                    requirement of section 212(e), and
                      ``(C) has not fulfilled that requirement or received
                    a waiver thereof.
              ``(4) An alien who is inadmissible under section 212(a)(3) or
            deportable under subparagraph (B) or (D) of section 237(a)(4).
      ``(d) Special Rules Relating to Continuous Residence or Physical
    Presence.--
              ``(1) Termination of continuous period.--For purposes of this
            section, any period of continuous residence or continuous
            physical presence in the United States shall be deemed to end
            when the alien is served a notice to appear under section
            239(a).
              ``(2) Treatment of certain breaks in presence.--An alien
            shall be considered to have failed to maintain continuous
            physical presence in the United States under subsections (b)(1)
            and (b)(2) if the alien has departed from the United States for
            any periods in the aggregate exceeding 180 days, unless the
            Attorney General finds that return could not be accomplished
            within that time period due to emergent reasons.
              ``(3) Continuity not required because of honorable service in
            armed forces and presence upon entry into service.--The
            requirements of continuous residence or continuous physical
            presence in the United States under subsections (a) and (b)
            shall not apply to an alien who--
                      ``(A) has served for a minimum period of 24 months in
                    an active-duty status in the Armed Forces of the United
                    States and, if separated from such service, was
                    separated under honorable conditions, and
                      ``(B) at the time of the alien's enlistment or
                    induction was in the United States.
                             ``voluntary departure
      ``Sec. 240B. (a) Certain Conditions.--
              ``(1) In general.--The Attorney General may permit an alien
            voluntarily to depart the United States at the alien's own
            expense under this subsection, in lieu of being subject to
            proceedings under section 240 or prior to the completion of
            such proceedings, if the alien is not deportable under section
            237(a)(2)(A)(iii) or section 237(a)(4)(B).
              ``(2) Period.--Permission to depart voluntarily under this
            subsection shall not be valid for a period exceeding 120 days.
              ``(3) Bond.--The Attorney General may require an alien
            permitted to depart voluntarily under this subsection to post a
            voluntary departure bond, to be surrendered upon proof that the
            alien has departed the United States within the time specified.
              ``(4) Treatment of aliens arriving in the united states.--In
            the case of an alien who is arriving in the United States and
            with respect to whom proceedings under section 240 are (or
            would otherwise be) initiated at the time of such alien's
            arrival, paragraph (1) shall not apply. Nothing in this
            paragraph shall be construed as preventing such an alien from
            withdrawing the application for admission in accordance with
            section 235(a)(4).
      ``(b) At Conclusion of Proceedings.--
              ``(1) In general.--The Attorney General may permit an alien
            voluntarily to depart the United States at the alien's own
            expense if, at the conclusion of a proceeding under section
            240, the immigration judge enters an order granting voluntary
            departure in lieu of removal and finds that--
                      ``(A) the alien has been physically present in the
                    United States for a period of at least one year
                    immediately preceding the date the notice to appear was
                    served under section 239(a);
                      ``(B) the alien is, and has been, a person of good
                    moral character for at least 5 years immediately
                    preceding the alien's application for voluntary
                    departure;
                      ``(C) the alien is not deportable under section
                    237(a)(2)(A)(iii) or section 237(a)(4); and
                      ``(D) the alien has established by clear and
                    convincing evidence that the alien has the means to
                    depart the United States and intends to do so.
              ``(2) Period.--Permission to depart voluntarily under this
            subsection shall not be valid for a period exceeding 60 days.
              ``(3) Bond.--An alien permitted to depart voluntarily under
            this subsection shall be required to post a voluntary departure
            bond, in an amount necessary to ensure that the alien will
            depart, to be surrendered upon proof that the alien has
            departed the United States within the time specified.
      ``(c) Aliens Not Eligible.--The Attorney General shall not permit an
    alien to depart voluntarily under this section if the alien was
    previously permitted to so depart after having been found inadmissible
    under section 212(a)(9).
      ``(d) Civil Penalty for Failure to Depart.--If an alien is permitted
    to depart voluntarily under this section and fails voluntarily to
    depart the United States within the time period specified, the alien
    shall be subject to a civil penalty of not less than $1,000 and not
    more than $5,000, and be ineligible for a period of 10 years for any
    further relief under this section and sections 240A, 245, 248, and 249.
      ``(e) Additional Conditions.--The Attorney General may by regulation
    limit eligibility for voluntary departure under this section for any
    class or classes of aliens.
      ``(f) Appeals of Denials.--An alien may appeal from denial of a
    request for an order of voluntary departure under subsection (b) in
    accordance with the procedures in section 242. Notwithstanding the
    pendency of such appeal, the alien shall be removable from the United
    States 60 days after entry of the order of removal. The alien's removal
    from the United States shall not moot the appeal.''.
      (b) Repeal of Section 212(c).--Section 212(c) (8 U.S.C. 1182(c)) is
    repealed.

    SEC. 305. DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED (NEW SECTION
                        241).

      (a) In General.--Title II is further amended--
              (1) by striking section 237 (8 U.S.C. 1227),
              (2) by redesignating section 241 as section 237 and by moving
            such section to immediately follow section 236, and
              (3) by inserting after section 240C (as redesignated by
            section 304(a)(2)) the following new section:
               ``detention and removal of aliens ordered removed
      ``Sec. 241. (a) Detention, Release, and Removal of Aliens Ordered
    Removed.--
              ``(1) Removal period.--
                      ``(A) In general.--Except as otherwise provided in
                    this section, when an alien is ordered removed, the
                    Attorney General shall remove the alien from the United
                    States within a period of 90 days (in this section
                    referred to as the `removal period').
                      ``(B) Beginning of period.--The removal period begins
                    on the latest of the following:
                              ``(i) The date the order of removal becomes
                            administratively final.
                              ``(ii) If the removal order is judicially
                            reviewed and such review serves to stay the
                            removal of the alien, the date of the court's
                            final order.
                              ``(iii) If the alien is detained or confined
                            (except under an immigration process), the date
                            the alien is released from detention or
                            confinement.
                      ``(C) Suspension of period.--The removal period shall
                    be extended beyond a period of 90 days and the alien
                    may remain in detention during such extended period if
                    the alien willfully fails or refuses to make timely
                    application in good faith for travel or other documents
                    necessary to the alien's departure or conspires or acts
                    to prevent the alien's removal subject to an order of
                    removal.
              ``(2) Detention and release by the attorney general.--During
            the removal period, the Attorney General shall detain the
            alien. If there is insufficient detention space to detain the
            alien, the Attorney General shall make a specific finding to
            this effect and may release the alien on a bond containing such
            conditions as the Attorney General may prescribe.
              ``(3) Supervision after 90-day period.--If the alien does not
            leave or is not removed within the removal period, the alien,
            pending removal, shall be subject to supervision under
            regulations prescribed by the Attorney General. The regulations
            shall include provisions requiring the alien--
                      ``(A) to appear before an immigration officer
                    periodically for identification;
                      ``(B) to submit, if necessary, to a medical and
                    psychiatric examination at the expense of the United
                    States Government;
                      ``(C) to give information under oath about the
                    alien's nationality, circumstances, habits,
                    associations, and activities, and other information the
                    Attorney General considers appropriate; and
                      ``(D) to obey reasonable written restrictions on the
                    alien's conduct or activities that the Attorney General
                    prescribes for the alien.
              ``(4) Aliens imprisoned, arrested, or on parole, supervised
            release, or probation.--Except as provided in section 343(a) of
            the Public Health Service Act (42 U.S.C. 259(a)), the Attorney
            General may not remove an alien who is sentenced to
            imprisonment until the alien is released from imprisonment.
            Parole, supervised release, probation, or possibility of arrest
            or further imprisonment is not a reason to defer removal.
              ``(5) Reinstatement of removal orders against aliens
            illegally reentering.--If the Attorney General finds that an
            alien has reentered the United States illegally after having
            been removed or having departed voluntarily, under an order of
            removal, the prior order of removal is reinstated from its
            original date and is not subject to being reopened or reviewed,
            and the alien shall be removed under the prior order at any
            time after the reentry.
              ``(6) Inadmissible aliens.--An alien ordered removed who is
            inadmissible under section 212 may be detained beyond the
            removal period and, if released, shall be subject to the terms
            of supervision in paragraph (3).
              ``(7) Employment authorization.--No alien ordered removed
            shall be eligible to receive authorization to be employed in
            the United States unless the Attorney General makes a specific
            finding that--
                      ``(A) the alien cannot be removed due to the refusal
                    of all countries designated by the alien or under this
                    section to receive the alien, or
                      ``(B) the removal of the alien is otherwise
                    impracticable or contrary to the public interest.
      ``(b) Countries to Which Aliens May Be Removed.--
              ``(1) Aliens arriving at the united states.--Subject to
            paragraph (3)--
                      ``(A) In general.--Except as provided by
                    subparagraphs (B) and (C), an alien who arrives at the
                    United States and with respect to whom proceedings
                    under section 240 were initiated at the time of such
                    alien's arrival shall be removed to the country in
                    which the alien boarded the vessel or aircraft on which
                    the alien arrived in the United States.
                      ``(B) Travel from contiguous territory.--If the alien
                    boarded the vessel or aircraft on which the alien
                    arrived in the United States in a foreign territory
                    contiguous to the United States, an island adjacent to
                    the United States, or an island adjacent to a foreign
                    territory contiguous to the United States, and the
                    alien is not a native, citizen, subject, or national
                    of, or does not reside in, the territory or island,
                    removal shall be to the country in which the alien
                    boarded the vessel that transported the alien to the
                    territory or island.
                      ``(C) Alternative countries.--If the government of
                    the country designated in subparagraph (A) or (B) is
                    unwilling to accept the alien into that country's
                    territory, removal shall be to any of the following
                    countries, as directed by the Attorney General:
                              ``(i) The country of which the alien is a
                            citizen, subject, or national.
                              ``(ii) The country in which the alien was
                            born.
                              ``(iii) The country in which the alien has a
                            residence.
                              ``(iv) A country with a government that will
                            accept the alien into the country's territory
                            if removal to each country described in a
                            previous clause of this subparagraph is
                            impracticable, inadvisable, or impossible.
              ``(2) Other aliens.--Subject to paragraph (3)--
                      ``(A) Selection of country by alien.--Except as
                    otherwise provided in this paragraph--
                              ``(i) any alien not described in paragraph
                            (1) who has been ordered removed may designate
                            one country to which the alien wants to be
                            removed, and
                              ``(ii) the Attorney General shall remove the
                            alien to the country the alien so designates.
                      ``(B) Limitation on designation.--An alien may
                    designate under subparagraph (A)(i) a foreign territory
                    contiguous to the United States, an adjacent island, or
                    an island adjacent to a foreign territory contiguous to
                    the United States as the place to which the alien is to
                    be removed only if the alien is a native, citizen,
                    subject, or national of, or has resided in, that
                    designated territory or island.
                      ``(C) Disregarding designation.--The Attorney General
                    may disregard a designation under subparagraph (A)(i)
                    if--
                              ``(i) the alien fails to designate a country
                            promptly;
                              ``(ii) the government of the country does not
                            inform the Attorney General finally, within 30
                            days after the date the Attorney General first
                            inquires, whether the government will accept
                            the alien into the country;
                              ``(iii) the government of the country is not
                            willing to accept the alien into the country;
                            or
                              ``(iv) the Attorney General decides that
                            removing the alien to the country is
                            prejudicial to the United States.
                      ``(D) Alternative country.--If an alien is not
                    removed to a country designated under subparagraph
                    (A)(i), the Attorney General shall remove the alien to
                    a country of which the alien is a subject, national, or
                    citizen unless the government of the country--
                              ``(i) does not inform the Attorney General or
                            the alien finally, within 30 days after the
                            date the Attorney General first inquires or
                            within another period of time the Attorney
                            General decides is reasonable, whether the
                            government will accept the alien into the
                            country; or
                              ``(ii) is not willing to accept the alien
                            into the country.
                      ``(E) Additional removal countries.--If an alien is
                    not removed to a country under the previous
                    subparagraphs of this paragraph, the Attorney General
                    shall remove the alien to any of the following
                    countries:
                              ``(i) The country from which the alien was
                            admitted to the United States.
                              ``(ii) The country in which is located the
                            foreign port from which the alien left for the
                            United States or for a foreign territory
                            contiguous to the United States.
                              ``(iii) A country in which the alien resided
                            before the alien entered the country from which
                            the alien entered the United States.
                              ``(iv) The country in which the alien was
                            born.
                              ``(v) The country that had sovereignty over
                            the alien's birthplace when the alien was born.
                              ``(vi) The country in which the alien's
                            birthplace is located when the alien is ordered
                            removed.
                              ``(vii) If impracticable, inadvisable, or
                            impossible to remove the alien to each country
                            described in a previous clause of this
                            subparagraph, another country whose government
                            will accept the alien into that country.
                      ``(F) Removal country when united states is at war.--
                    When the United States is at war and the Attorney
                    General decides that it is impracticable, inadvisable,
                    inconvenient, or impossible to remove an alien under
                    this subsection because of the war, the Attorney
                    General may remove the alien--
                              ``(i) to the country that is host to a
                            government in exile of the country of which the
                            alien is a citizen or subject if the government
                            of the host country will permit the alien's
                            entry; or
                              ``(ii) if the recognized government of the
                            country of which the alien is a citizen or
                            subject is not in exile, to a country, or a
                            political or territorial subdivision of a
                            country, that is very near the country of which
                            the alien is a citizen or subject, or, with the
                            consent of the government of the country of
                            which the alien is a citizen or subject, to
                            another country.
      ``(c) Removal of Aliens Arriving at Port of Entry.--
              ``(1) Vessels and aircraft.--An alien arriving at a port of
            entry of the United States who is ordered removed either
            without a hearing under section 235(a)(1) or 235(c) or pursuant
            to proceedings under section 240 initiated at the time of such
            alien's arrival shall be removed immediately on a vessel or
            aircraft owned by the owner of the vessel or aircraft on which
            the alien arrived in the United States, unless--
                      ``(A) it is impracticable to remove the alien on one
                    of those vessels or aircraft within a reasonable time,
                    or
                      ``(B) the alien is a stowaway--
                              ``(i) who has been ordered removed in
                            accordance with section 235(a)(1),
                              ``(ii) who has requested asylum, and
                              ``(iii) whose application has not been
                            adjudicated or whose asylum application has
                            been denied but who has not exhausted all
                            appeal rights.
              ``(2) Stay of removal.--
                      ``(A) In general.--The Attorney General may stay the
                    removal of an alien under this subsection if the
                    Attorney General decides that--
                              ``(i) immediate removal is not practicable or
                            proper; or
                              ``(ii) the alien is needed to testify in the
                            prosecution of a person for a violation of a
                            law of the United States or of any State.
                      ``(B) Payment of detention costs.--During the period
                    an alien is detained because of a stay of removal under
                    subparagraph (A)(ii), the Attorney General may pay from
                    the appropriation `Immigration and Naturalization
                    Service--Salaries and Expenses'--
                              ``(i) the cost of maintenance of the alien;
                            and
                              ``(ii) a witness fee of $1 a day.
                      ``(C) Release during stay.--The Attorney General may
                    release an alien whose removal is stayed under
                    subparagraph (A)(ii) on--
                              ``(i) the alien's filing a bond of at least
                            $500 with security approved by the Attorney
                            General;
                              ``(ii) condition that the alien appear when
                            required as a witness and for removal; and
                              ``(iii) other conditions the Attorney General
                            may prescribe.
              ``(3) Costs of detention and maintenance pending removal.--
                      ``(A) In general.--Except as provided in subparagraph
                    (B) and subsection (d), an owner of a vessel or
                    aircraft bringing an alien to the United States shall
                    pay the costs of detaining and maintaining the alien--
                              ``(i) while the alien is detained under
                            subsection (d)(1), and
                              ``(ii) in the case of an alien who is a
                            stowaway, while the alien is being detained
                            pursuant to--
                                      ``(I) subsection (d)(2)(A) or
                                    (d)(2)(B)(i),
                                      ``(II) subsection (d)(2)(B)(ii) or
                                    (iii) for the period of time reasonably
                                    necessary for the owner to arrange for
                                    repatriation or removal of the
                                    stowaway, including obtaining necessary
                                    travel documents, but not to extend
                                    beyond the date on which it is
                                    ascertained that such travel documents
                                    cannot be obtained from the country to
                                    which the stowaway is to be returned,
                                    or
                                      ``(III) section 235(b)(1)(B)(ii), for
                                    a period not to exceed 15 days
                                    (excluding Saturdays, Sundays, and
                                    holidays) commencing on the first such
                                    day which begins on the earlier of 72
                                    hours after the time of the initial
                                    presentation of the stowaway for
                                    inspection or at the time the stowaway
                                    is determined to have a credible fear
                                    of persecution.
                      ``(B) Nonapplication.--Subparagraph (A) shall not
                    apply if--
                              ``(i) the alien is a crewmember;
                              ``(ii) the alien has an immigrant visa;
                              ``(iii) the alien has a nonimmigrant visa or
                            other documentation authorizing the alien to
                            apply for temporary admission to the United
                            States and applies for admission not later than
                            120 days after the date the visa or
                            documentation was issued;
                              ``(iv) the alien has a reentry permit and
                            applies for admission not later than 120 days
                            after the date of the alien's last inspection
                            and admission;
                              ``(v)(I) the alien has a nonimmigrant visa or
                            other documentation authorizing the alien to
                            apply for temporary admission to the United
                            States or a reentry permit;
                              ``(II) the alien applies for admission more
                            than 120 days after the date the visa or
                            documentation was issued or after the date of
                            the last inspection and admission under the
                            reentry permit; and
                              ``(III) the owner of the vessel or aircraft
                            satisfies the Attorney General that the
                            existence of the condition relating to
                            inadmissibility could not have been discovered
                            by exercising reasonable care before the alien
                            boarded the vessel or aircraft; or
                              ``(vi) the individual claims to be a national
                            of the United States and has a United States
                            passport.
       ``(d) Requirements of Persons Providing Transportation.--
              ``(1) Removal at time of arrival.--An owner, agent, master,
            commanding officer, person in charge, purser, or consignee of a
            vessel or aircraft bringing an alien (except an alien
            crewmember) to the United States shall--
                      ``(A) receive an alien back on the vessel or aircraft
                    or another vessel or aircraft owned or operated by the
                    same interests if the alien is ordered removed under
                    this part; and
                      ``(B) take the alien to the foreign country to which
                    the alien is ordered removed.
              ``(2) Alien stowaways.--An owner, agent, master, commanding
            officer, charterer, or consignee of a vessel or aircraft
            arriving in the United States with an alien stowaway--
                      ``(A) shall detain the alien on board the vessel or
                    aircraft, or at such place as the Attorney General
                    shall designate, until completion of the inspection of
                    the alien by an immigration officer;
                      ``(B) may not permit the stowaway to land in the
                    United States, except pursuant to regulations of the
                    Attorney General temporarily--
                              ``(i) for medical treatment,
                              ``(ii) for detention of the stowaway by the
                            Attorney General, or
                              ``(iii) for departure or removal of the
                            stowaway; and
                      ``(C) if ordered by an immigration officer, shall
                    remove the stowaway on the vessel or aircraft or on
                    another vessel or aircraft.
            The Attorney General shall grant a timely request to remove the
            stowaway under subparagraph (C) on a vessel or aircraft other
            than that on which the stowaway arrived if any travel documents
            necessary for departure or repatriation of the stowaway have
            been obtained and removal of the stowaway will not be
            unreasonably delayed.
              ``(3) Removal upon order.--An owner, agent, master,
            commanding officer, person in charge, purser, or consignee of a
            vessel, aircraft, or other transportation line shall comply
            with an order of the Attorney General to take on board, guard
            safely, and transport to the destination specified any alien
            ordered to be removed under this Act.
      ``(e) Payment of Expenses of Removal.--
              ``(1) Costs of removal at time of arrival.--In the case of an
            alien who is a stowaway or who is ordered removed either
            without a hearing under section 235(a)(1) or 235(c) or pursuant
            to proceedings under section 240 initiated at the time of such
            alien's arrival, the owner of the vessel or aircraft (if any)
            on which the alien arrived in the United States shall pay the
            transportation cost of removing the alien. If removal is on a
            vessel or aircraft not owned by the owner of the vessel or
            aircraft on which the alien arrived in the United States, the
            Attorney General may--
                      ``(A) pay the cost from the appropriation
                    `Immigration and Naturalization Service--Salaries and
                    Expenses'; and
                      ``(B) recover the amount of the cost in a civil
                    action from the owner, agent, or consignee of the
                    vessel or aircraft (if any) on which the alien arrived
                    in the United States.
              ``(2) Costs of removal to port of removal for aliens admitted
            or permitted to land.--In the case of an alien who has been
            admitted or permitted to land and is ordered removed, the cost
            (if any) of removal of the alien to the port of removal shall
            be at the expense of the appropriation for the enforcement of
            this Act.
              ``(3) Costs of removal from port of removal for aliens
            admitted or permitted to land.--
                      ``(A) Through appropriation.--Except as provided in
                    subparagraph (B), in the case of an alien who has been
                    admitted or permitted to land and is ordered removed,
                    the cost (if any) of removal of the alien from the port
                    of removal shall be at the expense of the appropriation
                    for the enforcement of this Act.
                      ``(B) Through owner.--
                              ``(i) In general.--In the case of an alien
                            described in clause (ii), the cost of removal
                            of the alien from the port of removal may be
                            charged to any owner of the vessel, aircraft,
                            or other transportation line by which the alien
                            came to the United States.
                              ``(ii) Aliens described.--An alien described
                            in this clause is an alien who--
                                      ``(I) is admitted to the United
                                    States (other than lawfully admitted
                                    for permanent residence) and is ordered
                                    removed within 5 years of the date of
                                    admission based on a ground that
                                    existed before or at the time of
                                    admission, or
                                      ``(II) is an alien crewman permitted
                                    to land temporarily under section 252
                                    and is ordered removed within 5 years
                                    of the date of landing.
                      ``(C) Costs of removal of certain aliens granted
                    voluntary departure.--In the case of an alien who has
                    been granted voluntary departure under section 240B and
                    who is financially unable to depart at the alien's own
                    expense and whose removal the Attorney General deems to
                    be in the best interest of the United States, the
                    expense of such removal may be paid from the
                    appropriation for the enforcement of this Act.
      ``(f) Aliens Requiring Personal Care During Removal.--
              ``(1) In general.--If the Attorney General believes that an
            alien being removed requires personal care because of the
            alien's mental or physical condition, the Attorney General may
            employ a suitable person for that purpose who shall accompany
            and care for the alien until the alien arrives at the final
            destination.
              ``(2) Costs.--The costs of providing the service described in
            paragraph (1) shall be defrayed in the same manner as the
            expense of removing the accompanied alien is defrayed under
            this section.
      ``(g) Places of Detention.--
              ``(1) In general.--The Attorney General shall arrange for
            appropriate places of detention for aliens detained pending
            removal or a decision on removal. When United States Government
            facilities are unavailable or facilities adapted or suitably
            located for detention are unavailable for rental, the Attorney
            General may expend from the appropriation `Immigration and
            Naturalization Service--Salaries and Expenses', without regard
            to section 3709 of the Revised Statutes (41 U.S.C. 5), amounts
            necessary to acquire land and to acquire, build, remodel,
            repair, and operate facilities (including living quarters for
            immigration officers if not otherwise available) necessary for
            detention.
              ``(2) Detention facilities of the immigration and
            naturalization service.--Prior to initiating any project for
            the construction of any new detention facility for the Service,
            the Commissioner shall consider the availability for purchase
            or lease of any existing prison, jail, detention center, or
            other comparable facility suitable for such use.
      ``(h) Statutory Construction.--Nothing in this section shall be
    construed to create any substantive or procedural right or benefit that
    is legally enforceable by any party against the United States or its
    agencies or officers or any other person.''.
      (b) Modification of Authority.--
              (1) Section 241(i), as redesignated by section 306(a)(1), is
            amended--
                      (A) in paragraph (3)(A) by striking ``felony and
                    sentenced to a term of imprisonment'' and inserting
                    ``felony or two or more misdemeanors'', and
                      (B) by adding at the end the following new paragraph:
              ``(6) In this subsection, the term `incarceration' includes
            imprisonment in a State or local prison or jail the time of
            which is counted towards completion of a sentence or the
            detention of an alien previously convicted of a felony or
            misdemeanor who has been arrested and is being held pending
            judicial action on new charges or pending transfer to Federal
            custody.''.
              (2) The amendments made by paragraph (1) shall apply
            beginning with fiscal year 1996.
      (c) Miscellaneous Conforming Amendment.--Section 212(a)(4) (8 U.S.C.
    1182(a)(4)), as amended by section 621(a), is amended by striking
    ``241(a)(5)(B)'' each place it appears and inserting ``237(a)(5)(B)''.

    SEC. 306. APPEALS FROM ORDERS OF REMOVAL (NEW SECTION 242).

      (a) In General.--Section 242 (8 U.S.C. 1252) is amended--
              (1) by redesignating subsection (j) as subsection (i) and by
            moving such subsection and adding it at the end of section 241,
            as inserted by section 305(a)(3); and
              (2) by amending the remainder of section 242 to read as
            follows:
                     ``judicial review of orders of removal
      ``Sec. 242. (a) Applicable Provisions.--
              ``(1) General orders of removal.--Judicial review of a final
            order of removal (other than an order of removal without a
            hearing pursuant to section 235(b)(1)) is governed only by
            chapter 158 of title 28 of the United States Code, except as
            provided in subsection (b) and except that the court may not
            order the taking of additional evidence under section 2347(c)
            of such title.
              ``(2) Limitations on review relating to section 235(b)(1).--
            Notwithstanding any other provision of law, no court shall have
            jurisdiction to review--
                      ``(A) except as provided in subsection (f), any
                    individual determination or to entertain any other
                    cause or claim arising from or relating to the
                    implementation or operation of an order of removal
                    pursuant to section 235(b)(1),
                      ``(B) a decision by the Attorney General to invoke
                    the provisions of such section,
                      ``(C) the application of such section to individual
                    aliens, including the determination made under section
                    235(b)(1)(B), or
                      ``(D) procedures and policies adopted by the Attorney
                    General to implement the provisions of section
                    235(b)(1).
              ``(3) Treatment of certain decisions.--No alien shall have a
            right to appeal from a decision of an immigration judge which
            is based solely on a certification described in section
            240(c)(1)(B).
      ``(b) Requirements for Orders of Removal.--With respect to review of
    an order of removal under subsection (a)(1), the following requirements
    apply:
              ``(1) Deadline.--The petition for review must be filed not
            later than 30 days after the date of the final order of
            removal.
              ``(2) Venue and forms.--The petition for review shall be
            filed with the court of appeals for the judicial circuit in
            which the immigration judge completed the proceedings. The
            record and briefs do not have to be printed. The court of
            appeals shall review the proceeding on a typewritten record and
            on typewritten briefs.
              ``(3) Service.--
                      ``(A) In general.--The respondent is the Attorney
                    General. The petition shall be served on the Attorney
                    General and on the officer or employee of the Service
                    in charge of the Service district in which the initial
                    proceedings under section 240 were conducted.
                      ``(B) Stay of order.--
                              ``(i) In general.--Except as provided in
                            clause (ii), service of the petition on the
                            officer or employee stays the removal of an
                            alien pending the court's decision on the
                            petition, unless the court orders otherwise.
                              ``(ii) Exception.--If the alien has been
                            convicted of an aggravated felony, or the alien
                            has been ordered removed pursuant to a finding
                            that the alien is inadmissible under section
                            212, service of the petition does not stay the
                            removal unless the court orders otherwise.
              ``(4) Decision.--Except as provided in paragraph (5)(B)--
                      ``(A) the court of appeals shall decide the petition
                    only on the administrative record on which the order of
                    removal is based,
                      ``(B) the administrative findings of fact are
                    conclusive if supported by reasonable, substantial, and
                    probative evidence on the record considered as a whole,
                    and
                      ``(C) a decision that an alien is not eligible for
                    admission to the United States is conclusive unless
                    manifestly contrary to law.
              ``(5) Treatment of nationality claims.--
                      ``(A) Court determination if no issue of fact.--If
                    the petitioner claims to be a national of the United
                    States and the court of appeals finds from the
                    pleadings and affidavits that no genuine issue of
                    material fact about the petitioner's nationality is
                    presented, the court shall decide the nationality
                    claim.
                      ``(B) Transfer if issue of fact.--If the petitioner
                    claims to be a national of the United States and the
                    court of appeals finds that a genuine issue of material
                    fact about the petitioner's nationality is presented,
                    the court shall transfer the proceeding to the district
                    court of the United States for the judicial district in
                    which the petitioner resides for a new hearing on the
                    nationality claim and a decision on that claim as if an
                    action had been brought in the district court under
                    section 2201 of title 28, United States Code.
                      ``(C) Limitation on determination.--The petitioner
                    may have such nationality claim decided only as
                    provided in this paragraph.
              ``(6) Consolidation with review of motions to reopen or
            reconsider.--When a petitioner seeks review of an order under
            this section, any review sought of a motion to reopen or
            reconsider the order shall be consolidated with the review of
            the order.
              ``(7) Challenge to validity of orders in certain criminal
            proceedings.--
                      ``(A) In general.--If the validity of an order of
                    removal has not been judicially decided, a defendant in
                    a criminal proceeding charged with violating section
                    243(a) may challenge the validity of the order in the
                    criminal proceeding only by filing a separate motion
                    before trial. The district court, without a jury, shall
                    decide the motion before trial.
                      ``(B) Claims of united states nationality.--If the
                    defendant claims in the motion to be a national of the
                    United States and the district court finds that--
                              ``(i) no genuine issue of material fact about
                            the defendant's nationality is presented, the
                            court shall decide the motion only on the
                            administrative record on which the removal
                            order is based and the administrative findings
                            of fact are conclusive if supported by
                            reasonable, substantial, and probative evidence
                            on the record considered as a whole; or
                              ``(ii) a genuine issue of material fact about
                            the defendant's nationality is presented, the
                            court shall hold a new hearing on the
                            nationality claim and decide that claim as if
                            an action had been brought under section 2201
                            of title 28, United States Code.
                    The defendant may have such nationality claim decided
                    only as provided in this subparagraph.
                      ``(C) Consequence of invalidation.--If the district
                    court rules that the removal order is invalid, the
                    court shall dismiss the indictment for violation of
                    section 243(a). The United States Government may appeal
                    the dismissal to the court of appeals for the
                    appropriate circuit within 30 days after the date of
                    the dismissal.
                      ``(D) Limitation on filing petitions for review.--The
                    defendant in a criminal proceeding under section 243(a)
                    may not file a petition for review under subsection (a)
                    during the criminal proceeding.
              ``(8) Construction.--This subsection--
                      ``(A) does not prevent the Attorney General, after a
                    final order of removal has been issued, from detaining
                    the alien under section 241(a);
                      ``(B) does not relieve the alien from complying with
                    section 241(a)(4) and section 243(g); and
                      ``(C) except as provided in paragraph (3), does not
                    require the Attorney General to defer removal of the
                    alien.
      ``(c) Requirements for Petition.--A petition for review or for habeas
    corpus of an order of removal shall state whether a court has upheld
    the validity of the order, and, if so, shall state the name of the
    court, the date of the court's ruling, and the kind of proceeding.
      ``(d) Review of Final Orders.--A court may review a final order of
    removal only if--
              ``(1) the alien has exhausted all administrative remedies
            available to the alien as of right, and
              ``(2) another court has not decided the validity of the
            order, unless the reviewing court finds that the petition
            presents grounds that could not have been presented in the
            prior judicial proceeding or that the remedy provided by the
            prior proceeding was inadequate or ineffective to test the
            validity of the order.
      ``(e) Limited Review for Non-Permanent Residents Convicted of
    Aggravated Felonies.--
              ``(1) In general.--A petition for review filed by an alien
            against whom a final order of removal has been issued under
            section 238 may challenge only whether--
                      ``(A) the alien is the alien described in the order,
                      ``(B) the alien is an alien described in section
                    238(b)(2) and has been convicted after entry into the
                    United States of an aggravated felony, and
                      ``(C) proceedings against the alien complied with
                    section 238(b)(4).
              ``(2) Limited jurisdiction.--A court reviewing the petition
            has jurisdiction only to review the issues described in
            paragraph (1).
      ``(f) Judicial Review of Orders Under Section 235(b)(1).--
              ``(1) Application.--The provisions of this subsection apply
            with respect to judicial review of orders of removal effected
            under section 235(b)(1).
              ``(2) Limitations on relief.--Regardless of the nature of the
            action or claim and regardless of the identity of the party or
            parties bringing the action, no court shall have jurisdiction
            or authority to enter declaratory, injunctive, or other
            equitable relief not specifically authorized in this
            subsection, or to certify a class under Rule 23 of the Federal
            Rules of Civil Procedure.
              ``(3) Limitation to habeas corpus.--Judicial review of any
            matter, cause, claim, or individual determination made or
            arising under or pertaining to section 235(b)(1) shall only be
            available in habeas corpus proceedings, and shall be limited to
            determinations of--
                      ``(A) whether the petitioner is an alien,
                      ``(B) whether the petitioner was ordered removed
                    under such section, and
                      ``(C) whether the petitioner can prove by a
                    preponderance of the evidence that the petitioner is an
                    alien lawfully admitted for permanent residence and is
                    entitled to such further inquiry as prescribed by the
                    Attorney General pursuant to section 235(b)(1)(C).
              ``(4) Decision.--In any case where the court determines that
            the petitioner--
                      ``(A) is an alien who was not ordered removed under
                    section 235(b)(1), or
                      ``(B) has demonstrated by a preponderance of the
                    evidence that the alien is a lawful permanent resident,
            the court may order no remedy or relief other than to require
            that the petitioner be provided a hearing in accordance with
            section 240. Any alien who is provided a hearing under section
            240 pursuant to this paragraph may thereafter obtain judicial
            review of any resulting final order of removal pursuant to
            subsection (a)(1).
              ``(5) Scope of inquiry.--In determining whether an alien has
            been ordered removed under section 235(b)(1), the court's
            inquiry shall be limited to whether such an order in fact was
            issued and whether it relates to the petitioner. There shall be
            no review of whether the alien is actually inadmissible or
            entitled to any relief from removal.
      ``(g) Limit on Injunctive Relief.--Regardless of the nature of the
    action or claim or of the identity of the party or parties bringing the
    action, no court (other than the Supreme Court) shall have jurisdiction
    or authority to enjoin or restrain the operation of the provisions of
    chapter 4 of title II, as amended by the Immigration in the National
    Interest Act of 1995, other than with respect to the application of
    such provisions to an individual alien against whom proceedings under
    such chapter have been initiated.''.
      (b) Repeal of Section 106.--Section 106 (8 U.S.C. 1105a) is repealed.

    SEC. 307. PENALTIES RELATING TO REMOVAL (REVISED SECTION 243).

      (a) In General.--Section 243 (8 U.S.C. 1253) is amended to read as
    follows:
                         ``penalties related to removal
      ``Sec. 243. (a) Penalty for Failure to Depart.--
              ``(1) In general.--Any alien against whom a final order of
            removal is outstanding by reason of being a member of any of
            the classes described in section 237(a), who--
                      ``(A) willfully fails or refuses to depart from the
                    United States within a period of 90 days from the date
                    of the final order of removal under administrative
                    processes, or if judicial review is had, then from the
                    date of the final order of the court,
                      ``(B) willfully fails or refuses to make timely
                    application in good faith for travel or other documents
                    necessary to the alien's departure,
                      ``(C) connives or conspires, or takes any other
                    action, designed to prevent or hamper or with the
                    purpose of preventing or hampering the alien's
                    departure pursuant to such, or
                      ``(D) willfully fails or refuses to present himself
                    or herself for removal at the time and place required
                    by the Attorney General pursuant to such order,
            shall be fined under title 18, United States Code, or
            imprisoned not more than four years (or 10 years if the alien
            is a member of any of the classes described in paragraph
            (1)(E), (2), (3), or (4) of section 237(a)), or both.
              ``(2) Exception.--It is not a violation of paragraph (1) to
            take any proper steps for the purpose of securing cancellation
            of or exemption from such order of removal or for the purpose
            of securing the alien's release from incarceration or custody.
              ``(3) Suspension.--The court may for good cause suspend the
            sentence of an alien under this subsection and order the
            alien's release under such conditions as the court may
            prescribe. In determining whether good cause has been shown to
            justify releasing the alien, the court shall take into account
            such factors as--
                      ``(A) the age, health, and period of detention of the
                    alien;
                      ``(B) the effect of the alien's release upon the
                    national security and public peace or safety;
                      ``(C) the likelihood of the alien's resuming or
                    following a course of conduct which made or would make
                    the alien deportable;
                      ``(D) the character of the efforts made by such alien
                    himself and by representatives of the country or
                    countries to which the alien's removal is directed to
                    expedite the alien's departure from the United States;
                      ``(E) the reason for the inability of the Government
                    of the United States to secure passports, other travel
                    documents, or removal facilities from the country or
                    countries to which the alien has been ordered removed;
                    and
                      ``(F) the eligibility of the alien for discretionary
                    relief under the immigration laws.
      ``(b) Willful Failure to Comply with Terms of Release Under
    Supervision.--An alien who shall willfully fail to comply with
    regulations or requirements issued pursuant to section 241(a)(3) or
    knowingly give false information in response to an inquiry under such
    section shall be fined not more than $1,000 or imprisoned for not more
    than one year, or both.
      ``(c) Penalties Relating to Vessels and Aircraft.--
              ``(1) Civil penalties.--
                      ``(A) Failure to carry out certain orders.--If the
                    Attorney General is satisfied that a person has
                    violated subsection (d) or (e) of section 241, the
                    person shall pay to the Commissioner the sum of $2,000
                    for each violation.
                      ``(B) Failure to remove alien stowaways.--If the
                    Attorney General is satisfied that a person has failed
                    to remove an alien stowaway as required under section
                    241(d)(2), the person shall pay to the Commissioner the
                    sum of $5,000 for each alien stowaway not removed.
                      ``(C) No compromise.--The Attorney General may not
                    compromise the amount of such penalty under this
                    paragraph.
              ``(2) Clearing vessels and aircraft.--
                      ``(A) Clearance before decision on liability.--A
                    vessel or aircraft may be granted clearance before a
                    decision on liability is made under paragraph (1) only
                    if a bond approved by the Attorney General or an amount
                    sufficient to pay the civil penalty is deposited with
                    the Commissioner.
                      ``(B) Prohibition on clearance while penalty
                    unpaid.--A vessel or aircraft may not be granted
                    clearance if a civil penalty imposed under paragraph
                    (1) is not paid.
      ``(d) Discontinuing Granting Visas to Nationals of Country Denying or
    Delaying Accepting Alien.--On being notified by the Attorney General
    that the government of a foreign country denies or unreasonably delays
    accepting an alien who is a citizen, subject, national, or resident of
    that country after the Attorney General asks whether the government
    will accept the alien under this section, the Secretary of State shall
    order consular officers in that foreign country to discontinue granting
    immigrant visas or nonimmigrant visas, or both, to citizens, subjects,
    nationals, and residents of that country until the Attorney General
    notifies the Secretary that the country has accepted the alien.''.

    SEC. 308. REDESIGNATION AND REORGANIZATION OF OTHER PROVISIONS;
                        ADDITIONAL CONFORMING AMENDMENTS.

      (a) Conforming Amendment to Table of Contents; Overview of
    Reorganized Chapters.--The table of contents, as amended by section
    851(d)(1), is amended--
              (1) by striking the item relating to section 106, and
              (2) by striking the item relating to chapter 4 of title II
            and all that follows through the item relating to section 244A
            and inserting the following:

        ``chapter 4--inspection, apprehension, examination, exclusion, and
                                     removal

    ``Sec. 231.  Lists of alien and citizen passengers arriving or
    departing; record of resident aliens and citizens leaving permanently
    for foreign country.
    ``Sec. 232.  Detention of aliens for physical and mental examination.
    ``Sec. 233.  Entry through or from foreign contiguous territory and
    adjacent islands; landing stations.
    ``Sec. 234.  Designation of ports of entry for aliens arriving by civil
    aircraft.
    ``Sec. 235.  Inspection by immigration officers; expedited removal of
    inadmissible arriving aliens; referral for hearing.
    ``Sec. 236.  Apprehension and detention of aliens not lawfully in the
    United States.
    ``Sec. 237.  General classes of deportable aliens.
    ``Sec. 238.  Expedited removal of aliens convicted of committing
    aggravated felonies.
    ``Sec. 239.  Initiation of removal proceedings.
    ``Sec. 240.  Removal proceedings.
    ``Sec. 240A. Cancellation of removal; adjustment of status.
    ``Sec. 240B. Voluntary departure.
    ``Sec. 240C. Records of admission.
    ``Sec. 241.  Detention and removal of aliens ordered removed.
    ``Sec. 242.  Judicial review of orders of removal.
    ``Sec. 243.  Penalties relating to removal.
    ``Sec. 244.  Temporary protected status.

                  ``chapter 5--adjustment and change of status''

      (b) Reorganization of Other Provisions.--Chapters 4 and 5 of title II
    are amended as follows:
              (1) Amending chapter heading.--Amend the heading for chapter
            4 of title II to read as follows:

      ``Chapter 4--Inspection, Apprehension, Examination, Exclusion, and
                                   Removal''

              (2) Redesignating section 232 as section 232(a).--Amend
            section 232 (8 U.S.C. 1222)--
                      (A) by inserting ``(a) Detention of Aliens.--'' after
                    ``Sec. 232.'', and
                      (B) by amending the section heading to read as
                    follows:
          ``detention of aliens for physical and mental examination''.
              (3) Redesignating section 234 as section 232(b).--Amend
            section 234 (8 U.S.C. 1224)--
                      (A) by striking the heading,
                      (B) by striking ``Sec. 234.'' and inserting the
                    following: ``(b) Physical and Mental Examination.--'',
                    and
                      (C) by moving such provision to the end of section
                    232.
              (4) Redesignating section 238 as section 233.--Redesignate
            section 238 (8 U.S.C. 1228) as section 233 and move the section
            to immediately follow section 232.
              (5) Redesignating section 242a as section 238.--Redesignate
            section 242A as section 238, strike ``deportation'' in its
            heading and insert ``removal'', and move the section to
            immediately follow section 237 (as redesignated by section
            305(a)(2)).
              (6) Striking section 242b.--Strike section 242B (8 U.S.C.
            1252b).
              (7) Striking section 244 and redesignating section 244a as
            section 244.--Strike section 244 and redesignate section 244A
            as section 244.
              (8) Amending chapter heading.--Amend the heading for chapter
            5 of title II to read as follows:

                ``Chapter 5--Adjustment and Change of Status''.

      (c) Additional Conforming Amendments.--
              (1) Expedited procedures for aggravated felons (former
            section 242a).--Section 238 (which, previous to redesignation
            under section 308(b)(5), was section 242A) is amended--
                      (A) in subsection (a)(1), by striking ``section 242''
                    and inserting ``section 240'';
                      (B) in subsection (a)(2), by striking ``section
                    242(a)(2)'' and inserting ``section 236(c)''; and
                      (C) in subsection (b)(1), by striking ``section
                    241(a)(2)(A)(iii)'' and inserting ``section
                    237(a)(2)(A)(iii)''.
              (2) Treatment of certain helpless aliens.--
                      (A) Certification of helpless aliens.--Section 232,
                    as amended by section 308(b)(2), is further amended by
                    adding at the end the following new subsection:
      ``(c) Certification of Certain Helpless Aliens.--If an examining
    medical officer determines that an alien arriving in the United States
    is inadmissible, is helpless from sickness, mental or physical
    disability, or infancy, and is accompanied by another alien whose
    protection or guardianship may be required, the officer may certify
    such fact for purposes of applying section 212(a)(10)(B) with respect
    to the other alien.''.
                      (B) Ground of inadmissibility for protection and
                    guardianship of aliens denied admission for health or
                    infancy.--Subparagraph (B) of section 212(a)(10) (8
                    U.S.C. 1182(a)(10)), as redesignated by section
                    301(a)(1), is amended to read as follows:
                      ``(B) Guardian required to accompany helpless
                    alien.--Any alien--
                              ``(i) who is accompanying another alien who
                            is inadmissible and who is certified to be
                            helpless from sickness, mental or physical
                            disability, or infancy pursuant to section
                            232(c), and
                              ``(ii) whose protection or guardianship is
                            determined to be required by the alien
                            described in clause (i),
                    is inadmissible.''.
              (3) Contingent consideration in relation to removal of
            aliens.--Section 273(a) (8 U.S.C. 1323(a)) is amended--
                      (A) by inserting ``(1)'' after ``(a)'', and
                      (B) by adding at the end the following new paragraph:
      ``(2) It is unlawful for an owner, agent, master, commanding officer,
    person in charge, purser, or consignee of a vessel or aircraft who is
    bringing an alien (except an alien crewmember) to the United States to
    take any consideration to be kept or returned contingent on whether an
    alien is admitted to, or ordered removed from, the United States.''.
              (4) Clarification.--(A) Section 238(a)(1), which, previous to
            redesignation under section 308(b)(5), was section 242A(a)(1),
            is amended by adding at the end the following: ``Nothing in
            this section shall be construed to create any substantive or
            procedural right or benefit that is legally enforceable by any
            party against the United States or its agencies or officers or
            any other person.''.
              (B) Section 225 of the Immigration and Nationality Technical
            Corrections Act of 1994 (Public Law 103-416), as amended by
            section 851(b)(15), is amended by striking ``and nothing in''
            and all that follows up to ``shall''.
      (d) Additional Conforming Amendments Relating to Exclusion and
    Inadmissibility.--
              (1) Section 212.--Section 212 (8 U.S.C. 1182(a)) is amended--
                      (A) in the heading, by striking ``excluded from'' and
                    inserting ``ineligible for'';
                      (B) in the matter in subsection (a) before paragraph
                    (1), by striking all that follows ``(a)'' and inserting
                    the following: ``Classes of Aliens Ineligible for Visas
                    or Admission.--Except as otherwise provided in this
                    Act, aliens who are inadmissible under the following
                    paragraphs are ineligible to receive visas and
                    ineligible to be admitted to the United States:'';
                      (C) in subsection (a), by striking ``is excludable''
                    and inserting ``is inadmissible'' each place it
                    appears;
                      (D) in subsections (a)(5)(C), (d)(1), (k), by
                    striking ``exclusion'' and inserting
                    ``inadmissibility'';
                      (E) in subsections (b), (d)(3), (h)(1)(A)(i), and
                    (k), by striking ``excludable'' each place it appears
                    and inserting ``inadmissible'';
                      (F) in subsection (b)(2), by striking ``or ineligible
                    for entry'';
                      (G) in subsection (d)(7), by striking ``excluded
                    from'' and inserting ``denied''; and
                      (H) in subsection (h)(1)(B), by striking
                    ``exclusion'' and inserting ``denial of admission''.
              (2) Section 241.--Section 241 (8 U.S.C. 1251), before
            redesignation as section 237 by section 305(a)(2), is amended--
                      (A) in subsection (a)(1)(H), by striking
                    ``excludable'' and inserting ``inadmissible'';
                      (B) in subsection (a)(4)(C)(ii), by striking
                    ``excludability'' and inserting ``inadmissibility'';
                    and
                      (C) in subsection (c), by striking ``exclusion'' and
                    inserting ``inadmissibility''.
              (3) Other general references.--The following provisions are
            amended by striking ``excludability'' and ``excludable'' each
            place each appears and inserting ``inadmissibility'' and
            ``inadmissible'', respectively:
                      (A) Sections 101(f)(3), 213, 234 (before
                    redesignation by section 308(b)), 241(a)(1) (before
                    redesignation by section 305(a)(2)), 272(a), 277,
                    286(h)(2)(A)(v), and 286(h)(2)(A)(vi).
                      (B) Section 601(c) of the Immigration Act of 1990.
                      (C) Section 128 of the Foreign Relations
                    Authorization Act, Fiscal Years 1992 and 1993 (Public
                    Law 102-138).
                      (D) Section 1073 of the National Defense
                    Authorization Act for Fiscal Year 1995 (Public Law 103-
                    337).
                      (E) Section 221 of the Immigration and Nationality
                    Technical Corrections Act of 1994 (Public Law 103-416).
              (4) Related terms.--
                      (A) Section 101(a)(17) (8 U.S.C. 1101(a)(17)) is
                    amended by striking ``or expulsion'' and inserting
                    ``expulsion, or removal''.
                      (B) Section 102 (8 U.S.C. 1102) is amended by
                    striking ``exclusion or deportation'' and inserting
                    ``removal''.
                      (C) Section 103(c)(2) (8 U.S.C. 1103(c)(2)) is
                    amended by striking ``been excluded or deported'' and
                    inserting ``not been admitted or have been removed''.
                      (D) Section 206 (8 U.S.C. 1156) is amended by
                    striking ``excluded from admission to the United States
                    and deported'' and inserting ``denied admission to the
                    United States and removed''.
                      (E) Section 216(f) (8 U.S.C. 1186a) is amended by
                    striking ``exclusion'' and inserting
                    ``inadmissibility''.
                      (F) Section 217 (8 U.S.C. 1187) is amended by
                    striking ``excluded from admission'' and inserting
                    ``denied admission at the time of arrival'' each place
                    it appears.
                      (G) Section 221(f) (8 U.S.C. 1201) is amended by
                    striking ``exclude'' and inserting ``deny admission
                    to''.
                      (H) Section 232(a) (8 U.S.C. 1222(a)), as
                    redesignated by subsection (b)(2), is amended by
                    striking ``excluded by'' and ``the excluded classes''
                    and inserting ``inadmissible under'' and ``inadmissible
                    classes'', respectively.
                      (I)(i) Section 272 (8 U.S.C. 1322) is amended--
                              (I) by striking ``exclusion'' in the heading
                            and inserting ``denial of admission'',
                              (II) in subsection (a), by striking
                            ``excluding condition'' and inserting
                            ``condition causing inadmissibility'', and
                              (III) in subsection (c), by striking
                            ``excluding''.
                      (ii) The item in the table of contents relating to
                    such section is amended by striking ``exclusion'' and
                    inserting ``denial of admission''.
                      (J) Section 276(a) (8 U.S.C. 1326) is amended--
                              (i) in paragraph (1), by striking ``deported
                            or excluded and deported'' and inserting
                            ``denied admission or removed'', and
                              (ii) in paragraph (2)(B), by striking
                            ``excluded and deported'' and inserting
                            ``denied admission and removed''.
                      (K) Section 286(h)(2)(A)(vi) (8 U.S.C.
                    1356(h)(2)(A)(vi)) is amended by striking ``exclusion''
                    each place it appears and inserting ``removal''.
                      (L) Section 287 (8 U.S.C. 1357) is amended--
                              (i) in subsection (a), by striking ``or
                            expulsion'' each place it appears and inserting
                            ``expulsion, or removal'', and
                              (ii) in subsection (c), by striking
                            ``exclusion from'' and inserting ``denial of
                            admission to''.
                      (M) Section 290(a) (8 U.S.C. 1360(a)) is amended by
                    striking ``admitted to the United States, or excluded
                    therefrom'' each place it appears and inserting
                    ``admitted or denied admission to the United States''.
                      (N) Section 291 (8 U.S.C. 1361) is amended by
                    striking ``subject to exclusion'' and inserting
                    ``inadmissible'' each place it appears.
                      (O) Section 292 (8 U.S.C. 1362) is amended by
                    striking ``exclusion or deportation'' each place it
                    appears and inserting ``removal''.
                      (P) Section 360 (8 U.S.C. 1503) is amended--
                              (i) in subsection (a), by striking
                            ``exclusion'' each place it appears and
                            inserting ``removal'', and
                              (ii) in subsection (c), by striking
                            ``excluded from'' and inserting ``denied''.
                      (Q) Section 301(a)(1) of the Immigration Act of 1990
                    is amended by striking ``exclusion'' and inserting
                    ``inadmissibility''.
                      (R) Section 401(c) of the Refugee Act of 1980 is
                    amended by striking ``deportation or exclusion'' and
                    inserting ``removal''.
                      (S) Section 501(e)(2) of the Refugee Education
                    Assistance Act of 1980 (Public Law 96-422) is amended--
                              (i) by striking ``exclusion or deportation''
                            each place it appears and inserting
                            ``removal'', and
                              (ii) by striking ``deportation or exclusion''
                            each place it appears and inserting
                            ``removal''.
                      (T) Section 4113(c) of title 18, United States Code,
                    is amended by striking ``exclusion and deportation''
                    and inserting ``removal''.
      (e) Revision of Terminology Relating to Deportation.--
              (1) Each of the following is amended by striking
            ``deportation'' each place it appears and inserting
            ``removal'':
                      (A) Subparagraphs (A)(iii)(II), (A)(iv)(II), and
                    (B)(iii)(II) of section 204(a)(1) (8 U.S.C.
                    1154(a)(1)).
                      (B) Section 212(d)(1) (8 U.S.C. 1182(d)(1)).
                      (C) Section 212(d)(11) (8 U.S.C. 1182(d)(11)).
                      (D) Section 214(k)(4)(C) (8 U.S.C. 1184(k)(4)(C)), as
                    redesignated by section 851(a)(3)(A).
                      (E) Section 241(a)(1)(H) (8 U.S.C. 1251(a)(1)(H)),
                    before redesignation as section 237 by section
                    305(a)(2).
                      (F) Section 242A (8 U.S.C. 1252a), before
                    redesignation as section 238 by subsection (b)(5).
                      (G) Subsections (a)(3) and (b)(5)(B) of section 244A
                    (8 U.S.C. 1254a), before redesignation as section 244
                    by subsection (b)(7).
                      (H) Section 246(a) (8 U.S.C. 1256(a)).
                      (I) Section 254 (8 U.S.C. 1284).
                      (J) Section 263(a)(4) (8 U.S.C. 1303(a)(4)).
                      (K) Section 276(b) (8 U.S.C. 1326(b)).
                      (L) Section 286(h)(2)(A)(v) (8 U.S.C.
                    1356(h)(2)(A)(v)).
                      (M) Section 291 (8 U.S.C. 1361).
                      (N) Section 318 (8 U.S.C. 1429).
                      (O) Section 130005(a) of the Violent Crime Control
                    and Law Enforcement Act of 1994 (Public Law 103-322).
                      (P) Section 4113(b) of title 18, United States Code.
              (2) Each of the following is amended by striking ``deported''
            each place it appears and inserting ``removed'':
                      (A) Section 212(d)(7) (8 U.S.C. 1182(d)(7)).
                      (B) Section 214(d) (8 U.S.C. 1184(d)).
                      (C) Section 241(a) (8 U.S.C. 1251(a)), before
                    redesignation as section 237 by section 305(a)(2).
                      (D) Section 242A(c)(2)(D)(iv) (8 U.S.C.
                    1252a(c)(2)(D)(iv)), as amended by section 851(b)(14)
                    but before redesignation as section 238 by subsection
                    (b)(5).
                      (E) Section 252(b) (8 U.S.C. 1282(b)).
                      (F) Section 254 (8 U.S.C. 1284).
                      (G) Subsections (b) and (c) of section 266 (8 U.S.C.
                    1306).
                      (H) Section 301(a)(1) of the Immigration Act of 1990.
                      (I) Section 4113 of title 18, United States Code.
              (3) Section 101(g) (8 U.S.C. 1101(g)) is amended by inserting
            ``or removed'' after ``deported'' each place it appears.
              (4) Section 103(c)(2) (8 U.S.C. 1103(c)(2)) is amended by
            striking ``suspension of deportation'' and inserting
            ``cancellation of removal''.
              (5) Section 201(b)(1)(D) (8 U.S.C. 1151(b)(1)(D)) is amended
            by striking ``deportation is suspended'' and inserting
            ``removal is canceled''.
              (6) Section 212(l)(2)(B) (8 U.S.C. 1182(l)(2)(B)) is amended
            by striking ``deportation against'' and inserting ``removal
            of''.
              (7) Subsections (b)(2), (c)(2)(B), (c)(3)(D), (c)(4)(A), and
            (d)(2)(C) of section 216 (8 U.S.C. 1186a) are each amended by
            striking ``deportation'', ``deportation'', ``deport'', and
            ``deported'' each place each appears and inserting ``removal'',
            ``removal'', ``remove'', and ``removed'', respectively.
              (8) Subsections (b)(2), (c)(2)(B), (c)(3)(D), and (d)(2)(C)
            of section 216A (8 U.S.C. 1186b) are each amended by striking
            ``deportation'', ``deportation'', ``deport'', and ``deported''
            and inserting ``removal'', ``removal'', ``remove'', and
            ``removed'', respectively.
              (9) Section 217(b)(2) (8 U.S.C. 1187(b)(2)) is amended by
            striking ``deportation against'' and inserting ``removal of''.
              (10) Section 242A (8 U.S.C. 1252a), before redesignation as
            section 238 by subsection (b)(6), is amended, in the headings
            to various subdivisions, by striking ``Deportation'' and
            ``deportation'' and inserting ``Removal'' and ``removal'',
            respectively.
              (11) Section 244A(a)(1)(A) (8 U.S.C. 1254a(a)(1)(A)), before
            redesignation as section 244 by subsection (b)(8), is amended--
                      (A) in subsection (a)(1)(A), by striking ``deport''
                    and inserting ``remove'', and
                      (B) in subsection (e), by striking ``Suspension of
                    Deportation'' and inserting ``Cancellation of
                    Removal''.
              (12) Section 254 (8 U.S.C. 1284) is amended by striking
            ``deport'' each place it appears and inserting ``remove''.
              (13) Section 273(d) (8 U.S.C. 1323(d)) is repealed.
              (14)(A) Section 276 (8 U.S.C. 1326) is amended by striking
            ``deported'' and inserting ``removed''.
              (B) The item in the table of contents relating to such
            section is amended by striking ``deported'' and inserting
            ``removed''.
              (15) Section 318 (8 U.S.C. 1429) is amended by striking
            ``suspending'' and inserting ``canceling''.
              (16) Section 301(a) of the Immigration Act of 1990 is amended
            by striking ``Deportation'' and inserting ``Removal''.
              (17) The heading of section 130005 of the Violent Crime
            Control and Law Enforcement Act of 1994 (Public Law 103-322) is
            amended by striking ``deportation'' and inserting
            ``removal''.
              (18) Section 9 of the Peace Corps Act (22 U.S.C. 2508) is
            amended by striking ``deported'' and all that follows through
            ``Deportation'' and inserting ``removed pursuant to chapter 4
            of title II of the Immigration and Nationality Act''.
              (19) Section 8(c) of the Foreign Agents Registration Act (22
            U.S.C. 618(c)) is amended by striking ``deportation'' and all
            that follows and inserting ``removal pursuant to chapter 4 of
            title II of the Immigration and Nationality Act.''.
      (f) Revision of References to Entry.--
              (1) The following provisions are amended by striking
            ``entry'' and inserting ``admission'' each place it appears:
                      (A) Section 101(a)(15)(K) (8 U.S.C. 1101(a)(15)(K)).
                      (B) Section 101(a)(30) (8 U.S.C. 1101(a)(30)).
                      (C) Section 212(a)(2)(D) (8 U.S.C. 1182(a)(2)(D)).
                      (D) Section 212(a)(6)(C)(i) (8 U.S.C.
                    1182(a)(6)(C)(i)).
                      (E) Section 212(h)(1)(A)(i) (8 U.S.C.
                    1182(h)(1)(A)(i)).
                      (F) Section 212(j)(1)(D) (8 U.S.C. 1182(j)(1)(D)).
                      (G) Section 214(c)(2)(A) (8 U.S.C. 1184(c)(2)(A)).
                      (H) Section 214(d) (8 U.S.C. 1184(d)).
                      (I) Section 216(b)(1)(A)(i) (8 U.S.C.
                    1186a(b)(1)(A)(i)).
                      (J) Section 216(d)(1)(A)(i)(III) (8 U.S.C.
                    1186a(d)(1)(A)(i)(III)).
                      (K) Subsection (b) of section 240 (8 U.S.C. 1230),
                    before redesignation as section 240C by section
                    304(a)(2).
                      (L) Subsection (a)(1)(G) of section 241 (8 U.S.C.
                    1251), before redesignation as section 237 by section
                    305(a)(2).
                      (M) Subsection (a)(1)(H) of section 241 (8 U.S.C.
                    1251), before redesignation as section 237 by section
                    305(a)(2), other than the last time it appears.
                      (N) Paragraphs (2) and (4) of subsection (a) of
                    section 241 (8 U.S.C. 1251), before redesignation as
                    section 237 by section 305(a)(2).
                      (O) Section 245(e)(3) (8 U.S.C. 1255(e)(3)).
                      (P) Section 247(a) (8 U.S.C. 1257(a)).
                      (Q) Section 601(c)(2) of the Immigration Act of 1990.
              (2) The following provisions are amended by striking
            ``enter'' and inserting ``be admitted'':
                      (A) Section 204(e) (8 U.S.C. 1154(e)).
                      (B) Section 221(h) (8 U.S.C. 1201(h)).
                      (C) Section 245(e)(2) (8 U.S.C. 1255(e)(2)).
              (3) The following provisions are amended by striking
            ``enters'' and inserting ``is admitted to'':
                      (A) Section 212(j)(1)(D)(ii) (8 U.S.C. 1154(e)).
                      (B) Section 214(c)(5)(B) (8 U.S.C. 1184(c)(5)(B)).
              (4) Subsection (a) of section 238 (8 U.S.C. 1228), before
            redesignation as section 233 by section 308(b)(4), is amended
            by striking ``entry and inspection'' and inserting ``inspection
            and admission''.
              (5) Subsection (a)(1)(H)(ii) of section 241 (8 U.S.C. 1251),
            before redesignation as section 237 by section 305(a)(2), is
            amended by striking ``at entry''.
              (6) Section 7 of the Central Intelligence Agency Act of 1949
            (50 U.S.C. 403h) is amended by striking ``that the entry'',
            ``given entry into'', and ``entering'' and inserting ``that the
            admission'', ``admitted to'', and ``admitted to''.
              (7) Section 4 of the Atomic Weapons and Special Nuclear
            Materials Rewards Act (50 U.S.C. 47c) is amended by striking
            ``entry'' and inserting ``admission''.
      (g) Conforming References to Reorganized Sections.--
              (1) References to sections 232, 234, 238, 239, 240, 241,
            242a, and 244a.--Any reference in law in effect on the day
            before the date of the enactment of this Act to section 232,
            234, 238, 239, 240, 241, 242A, or 244A of the Immigration and
            Nationality Act (or a subdivision of such section) is deemed,
            as of the title III-A effective date, to refer to section
            232(a), 232(b), 233, 234, 234A, 237, 238, or 244 of such Act
            (or the corresponding subdivision of such section), as
            redesignated by this subtitle. Any reference in law to section
            241 (or a subdivision of such section) of the Immigration and
            Nationality Act in an amendment made by a subsequent subtitle
            of this title is deemed a reference (as of the title III-A
            effective date) to section 237 (or the corresponding
            subdivision of such section), as redesignated by this subtitle.
              (2) References to section 106.--
                      (A) Sections 242A(b)(3) and 242A(c)(3)(A)(ii) (8
                    U.S.C. 1252a(b)(3), 1252a(c)(3)(A)(ii)), as amended by
                    section 851(b)(14) but before redesignation as section
                    238 by subsection (b)(5), are each amended by striking
                    ``106'' and inserting ``242''.
                      (B) Sections 210(e)(3)(A) and 245A(f)(4)(A) (8 U.S.C.
                    1160(e)(3)(A), 1255a(f)(4)(A)) are amended by inserting
                    ``(as in effect before October 1, 1996)'' after
                    ``106''.
                      (C) Section 242A(c)(3)(A)(iii) (8 U.S.C.
                    1252a(c)(3)(A)(iii)), as amended by section 851(b)(14)
                    but before redesignation as section 238 by subsection
                    (b)(5), is amended by striking ``106(a)(1)'' and
                    inserting ``242(b)(1)''.
              (3) References to section 236.--
                      (A) Sections 205 and 209(a)(1) (8 U.S.C. 1155,
                    1159(a)(1)) are each amended by striking ``236'' and
                    inserting ``240''.
                      (B) Section 4113(c) of title 18, United States Code,
                    is amended by striking ``1226 of title 8, United States
                    Code'' and inserting ``240 of the Immigration and
                    Nationality Act''.
              (4) References to section 237.--
                      (A) Section 209(a)(1) (8 U.S.C. 1159(a)(1)) is
                    amended by striking ``237'' and inserting ``241''.
                      (B) Section 212(d)(7) (8 U.S.C. 1182(d)(7)) is
                    amended by striking ``237(a)'' and inserting
                    ``241(c)''.
                      (C) Section 280(a) (8 U.S.C. 1330(a)) is amended by
                    striking ``237, 239, 243'' and inserting ``234,
                    243(c)(2)''.
              (5) References to section 242.--
                      (A)(i) Sections 214(d), 252(b), and 287(f)(1) (8
                    U.S.C. 1184(d), 1282(b), 1357(f)(1)) are each amended
                    by striking ``242'' and inserting ``240''.
                      (ii) Subsection (c)(4) of section 242A (8 U.S.C.
                    1252a), as amended by section 851(b)(14) but before
                    redesignation as section 238 by subsection (b)(5), are
                    each amended by striking ``242'' and inserting ``240''.
                      (iii) Section 245A(a)(1)(B) (8 U.S.C. 1255a(a)(1)(B))
                    is amended by inserting ``(as in effect before October
                    1, 1996)'' after ``242''.
                      (iv) Section 4113 of title 18, United States Code, is
                    amended--
                              (I) in subsection (a), by striking ``section
                            1252(b) or section 1254(e) of title 8, United
                            States Code,'' and inserting ``section 240B of
                            the Immigration and Nationality Act''; and
                              (II) in subsection (b), by striking ``section
                            1252 of title 8, United States Code,'' and
                            inserting ``section 240 of the Immigration and
                            Nationality Act''.
                      (B) Section 130002(a) of Public Law 103-322, as
                    amended by section 361(a), is amended by striking
                    ``242(a)(3)(A)'' and inserting ``236(d)''.
                      (C) Section 242A(b)(1) (8 U.S.C. 1252a(b)(1)), before
                    redesignation as section 238 by section 308(b)(5), is
                    amended by striking ``242(b)'' and inserting ``240''.
                      (D) Section 242A(c)(2)(D)(ii) (8 U.S.C.
                    1252a(c)(2)(D)(ii)), as amended by section 851(b)(14)
                    but before redesignation as section 238 by subsection
                    (b)(5), is amended by striking ``242(b)'' and inserting
                    ``240''.
                      (E) Section 1821(e) of title 28, United States Code,
                    is amended by striking ``242(b)'' and inserting
                    ``240''.
                      (F) Section 130007(a) of Public Law 103-322 is
                    amended by striking ``242(i)'' and inserting
                    ``239(d)''.
                      (G) Section 20301(c) of Public Law 103-322 is amended
                    by striking ``242(j)(5)'' and ``242(j)'' and inserting
                    ``241(h)(5)'' and ``241(h)'', respectively.
              (6) References to section 242b.--
                      (A) Section 303(d)(2) of the Immigration Act of 1990
                    is amended by striking ``242B'' and inserting
                    ``240(b)(5)''.
                      (B) Section 545(g)(1)(B) of the Immigration Act of
                    1990 is amended by striking ``242B(a)(4)'' and
                    inserting ``239(a)(4)''.
              (7) References to section 243.--
                      (A) Section 214(d) (8 U.S.C. 1184(d)) is amended by
                    striking ``243'' and inserting ``241''.
                      (B)(i) Section 315(c) of the Immigration Reform and
                    Control Act of 1986 is amended by striking ``243(g)''
                    and ``1253(g)''and inserting ``243(d)'' and ``1253(d)''
                    respectively.
                      (ii) Section 702(b) of the Departments of Commerce,
                    Justice, and State, the Judiciary, and Related Agencies
                    Appropriations Act, 1988 is amended by striking
                    ``243(g)'' and inserting ``243(d)''.
                      (iii) Section 903(b) of Public Law 100-204 is amended
                    by striking ``243(g)'' and inserting ``243(d)''.
                      (C)(i) Section 6(f)(2)(F) of the Food Stamp Act of
                    1977 (7 U.S.C. 2015(f)(2)(F)) is amended by striking
                    ``243(h)'' and inserting ``241(b)(3)''.
                      (ii) Section 214(a)(5) of the Housing and Community
                    Development Act of 1980 (42 U.S.C. 1436a(a)(5)) is
                    amended by striking ``243(h)'' and inserting
                    ``241(b)(3)''.
                      (D)(i) Subsection (c)(2)(B)(ii) of section 244A (8
                    U.S.C. 1254a), before redesignated as section 244 by
                    section 308(b)(7), is amended by striking ``243(h)(2)''
                    and inserting ``208(b)(2)(A)''.
                      (ii) Section 301(e)(2) of the Immigration Act of 1990
                    is amended by striking ``243(h)(2)'' and inserting
                    ``208(b)(2)(A)''.
                      (E) Section 316(f) (8 U.S.C. 1427(f)) is amended by
                    striking ``subparagraphs (A) through (D) of paragraph
                    243(h)(2)'' and inserting ``clauses (i) through (v) of
                    section 208(b)(2)(A)''.
              (8) References to section 244.--
                      (A)(i) Section 201(b)(1)(D) (8 U.S.C. 1151(b)(1)(D))
                    and subsection (e) of section 244A (8 U.S.C. 1254a),
                    before redesignation as section 244 by section
                    308(b)(7), are each amended by striking ``244(a)'' and
                    inserting ``240A(a)''.
                      (ii) Section 304(c)(1)(B) of the Miscellaneous and
                    Technical Immigration and Naturalization Amendments of
                    1991 (Public Law 102-232) is amended by striking
                    ``244(a)'' and inserting ``240A(a)''.
                      (B) Section 304(c)(1)(B) of the Miscellaneous and
                    Technical Immigration and Naturalization Amendments of
                    1991 (Public Law 102-232) is amended by striking
                    ``244(b)(2)'' and inserting ``240A(b)(2)''.
                      (C) Section 364(a)(2) of this Act is amended by
                    striking ``244(a)(3)'' and inserting ``240A(a)(3)''.
              (9) References to chapter 5.--
                      (A) Sections 266(b), 266(c), and 291 (8 U.S.C.
                    1306(b), 1306(c), 1361) are each amended by striking
                    ``chapter 5'' and inserting ``chapter 4''.
                      (B) Section 6(b) of the Act of August 1, 1956 (50
                    U.S.C. 855(b)) is amended by striking ``chapter 5,
                    title II, of the Immigration and Nationality Act (66
                    Stat. 163)'' and inserting ``chapter 4 of title II of
                    the Immigration and Nationality Act''.
              (10) Miscellaneous cross-reference corrections for newly
            added provisions.--
                      (A) Section 245(c)(6), as amended by section 332(d),
                    is amended by striking ``241(a)(4)(B)'' and inserting
                    ``237(a)(4)(B)''.
                      (B) Section 249(d), as amended by section 332(e), is
                    amended by striking ``241(a)(4)(B)'' and inserting
                    ``237(a)(4)(B)''.
                      (C) Section 276(b)(3), as inserted by section 321(b),
                    is amended by striking ``excluded'' and ``excludable''
                    and inserting ``removed'' and ``inadmissible'',
                    respectively.
                      (D) Section 505(c)(7), as added by section 321(a)(1),
                    is amended by amending subparagraphs (B) through (D) to
                    read as follows:
                      ``(B) Withholding of removal under section 241(b)(3).
                      ``(C) Cancellation of removal under section 240A.
                      ``(D) Voluntary departure under section 240B.''.
                      (E) Section 506(b)(2)(B), as added by section
                    321(a)(1), is amended by striking ``deportation'' and
                    inserting ``removal''.
                      (F) Section 508(c)(2)(D), as added by section
                    321(a)(1), is amended by striking ``exclusion because
                    such alien is excludable'' and inserting ``removal
                    because such alien is inadmissible''.
                      (G) Section 130007(a) of the Violent Crime Control
                    and Law Enforcement Act of 1994 (Public Law 103-322),
                    as amended by section 851(a)(6), is amended by striking
                    ``242A(a)(3)'' and inserting ``238(a)(3)''.

    SEC. 309. EFFECTIVE DATES; TRANSITION.

      (a) In General.--Except as provided in this section and section
    301(f), this subtitle and the amendments made by this subtitle shall
    take effect on the first day of the first month beginning more than 180
    days after the date of the enactment of this Act (in this title
    referred to as the ``title III-A effective date'').
      (b) Promulgation of Regulations.--The Attorney General shall first
    promulgate regulations to carry out this subtitle by not later than 30
    days before the title III-A effective date.
      (c) Transition For Aliens in Proceedings.--
              (1) General rule that new rules do not apply.--Subject to the
            succeeding provisions of this subsection, in the case of an
            alien who is in exclusion or deportation proceedings as of the
            title III-A effective date--
                      (A) the amendments made by this subtitle shall not
                    apply, and
                      (B) the proceedings (including judicial review
                    thereof) shall continue to be conducted without regard
                    to such amendments.
              (2) Attorney general option to elect to apply new
            procedures.--In a case described in paragraph (1) in which an
            evidentiary hearing under section 236 or 242 and 242B of the
            Immigration and Nationality Act has not commenced as of the
            title III-A effective date, the Attorney General may elect to
            proceed under chapter 4 of title II of such Act (as amended by
            this subtitle). The Attorney General shall provide notice of
            such election to the alien involved not later than 30 days
            before the date any evidentiary hearing is commenced. If the
            Attorney General makes such election, the notice of hearing
            provided to the alien under section 235 or 242(a) of such Act
            shall be valid as if provided under section 239 of such Act (as
            amended by this subtitle) to confer jurisdiction on the
            immigration judge.
              (3) Attorney general option to terminate and reinitiate
            proceedings.--In the case described in paragraph (1), the
            Attorney General may elect to terminate proceedings in which
            there has not been a final administrative decision and to
            reinitiate proceedings under chapter 4 of title II the
            Immigration and Nationality Act (as amended by this subtitle).
            Any determination in the terminated proceeding shall not be
            binding in the reinitiated proceeding.
              (4) Transitional changes in judicial review.--In the case
            described in paragraph (1) in which a final order of exclusion
            or deportation is entered more than 30 days after the date of
            the enactment of this Act, notwithstanding any provision of
            section 106 of the Immigration and Nationality Act (as in
            effect as of the date of the enactment of this Act) to the
            contrary--
                      (A) in the case of judicial review of a final order
                    of exclusion, subsection (b) of such section shall not
                    apply and the action for judicial review shall be
                    governed by the provisions of subsections (a) and (c)
                    of such in the same manner as they apply to judicial
                    review of orders of deportation;
                      (B) a court may not order the taking of additional
                    evidence under section 2347(c) of title 28, United
                    States Code;
                      (C) the petition for judicial review must be filed
                    not later than 30 days after the date of the final
                    order of exclusion or deportation; and
                      (D) the petition for review shall be filed with the
                    court of appeals for the judicial circuit in which the
                    administrative proceedings before the special inquiry
                    officer or immigration judge were completed.
              (5) Transitional rule with regard to suspension of
            deportation.--Paragraphs (1) and (2) of section 240A(d) of the
            Immigration and Nationality Act (relating to continuous
            residence or physical presence) shall apply to notices to
            appear issued after the date of the enactment of this Act.
              (6) Transition for certain family unity aliens.--The Attorney
            General may waive the application of section 212(a)(9) of the
            Immigration and Nationality Act, as inserted by section
            301(b)(1), in the case of an alien who is provided benefits
            under the provisions of section 301 of the Immigration Act of
            1990 (relating to family unity).
      (d) Transitional References.--For purposes of carrying out the
    Immigration and Nationality Act, as amended by this subtitle--
              (1) any reference in section 212(a)(1)(A) of such Act to the
            term ``inadmissible'' is deemed to include a reference to the
            term ``excludable'', and
              (2) any reference in law to an order of removal shall be
            deemed to include a reference to an order of exclusion and
            deportation or an order of deportation.
      (e) Transition.--No period of time before the date of the enactment
    of this Act shall be included in the period of 1 year described in
    section 212(a)(6)(B)(i) of the Immigration and Nationality Act (as
    amended by section 301(c)).

                    Subtitle B--Removal of Alien Terrorists

                PART 1--REMOVAL PROCEDURES FOR ALIEN TERRORISTS

    SEC. 321. REMOVAL PROCEDURES FOR ALIEN TERRORISTS.

      (a) In General.--The Immigration and Nationality Act is amended--
              (1) by adding at the end of the table of contents the
            following:

           ``Title V--Special Removal Procedures for Alien Terrorists

    ``Sec. 501. Definitions.
    ``Sec. 502. Establishment of special removal court; panel of attorneys
    to assist with classified information.
    ``Sec. 503. Application for initiation of special removal proceeding.
    ``Sec. 504. Consideration of application.
    ``Sec. 505. Special removal hearings.
    ``Sec. 506. Consideration of classified information.
    ``Sec. 507. Appeals.
    ``Sec. 508. Detention and custody.'',

            and
              (2) by adding at the end the following new title:

           ``TITLE V--SPECIAL REMOVAL PROCEDURES FOR ALIEN TERRORISTS

                                 ``definitions
      ``Sec. 501. In this title:
              ``(1) The term `alien terrorist' means an alien described in
            section 241(a)(4)(B).
              ``(2) The term `classified information' has the meaning given
            such term in section 1(a) of the Classified Information
            Procedures Act (18 U.S.C. App.).
              ``(3) The term `national security' has the meaning given such
            term in section 1(b) of the Classified Information Procedures
            Act (18 U.S.C. App.).
              ``(4) The term `special attorney' means an attorney who is on
            the panel established under section 502(e).
              ``(5) The term `special removal court' means the court
            established under section 502(a).
              ``(6) The term `special removal hearing' means a hearing
            under section 505.
              ``(7) The term `special removal proceeding' means a
            proceeding under this title.
    ``establishment of special removal court; panel of attorneys to assist
                          with classified information
      ``Sec. 502. (a) In General.--The Chief Justice of the United States
    shall publicly designate 5 district court judges from 5 of the United
    States judicial circuits who shall constitute a court which shall have
    jurisdiction to conduct all special removal proceedings.
      ``(b) Terms.--Each judge designated under subsection (a) shall serve
    for a term of 5 years and shall be eligible for redesignation, except
    that the four associate judges first so designated shall be designated
    for terms of one, two, three, and four years so that the term of one
    judge shall expire each year.
      ``(c) Chief Judge.--The Chief Justice shall publicly designate one of
    the judges of the special removal court to be the chief judge of the
    court. The chief judge shall promulgate rules to facilitate the
    functioning of the court and shall be responsible for assigning the
    consideration of cases to the various judges.
      ``(d) Expeditious and Confidential Nature of Proceedings.--The
    provisions of section 103(c) of the Foreign Intelligence Surveillance
    Act of 1978 (50 U.S.C. 1803(c)) shall apply to proceedings under this
    title in the same manner as they apply to proceedings under such Act.
      ``(e) Establishment of Panel of Special Attorneys.--The special
    removal court shall provide for the designation of a panel of attorneys
    each of whom--
              ``(1) has a security clearance which affords the attorney
            access to classified information, and
              ``(2) has agreed to represent permanent resident aliens with
            respect to classified information under section 506 in
            accordance with (and subject to the penalties under) this
            title.
           ``application for initiation of special removal proceeding
      ``Sec. 503. (a) In General.--Whenever the Attorney General has
    classified information that an alien is an alien terrorist, the
    Attorney General, in the Attorney General's discretion, may seek
    removal of the alien under this title through the filing of a written
    application described in subsection (b) with the special removal court
    seeking an order authorizing a special removal proceeding under this
    title. The application shall be submitted in camera and ex parte and
    shall be filed under seal with the court.
      ``(b) Contents of Application.--Each application for a special
    removal proceeding shall include all of the following:
              ``(1) The identity of the Department of Justice attorney
            making the application.
              ``(2) The approval of the Attorney General or the Deputy
            Attorney General for the filing of the application based upon a
            finding by that individual that the application satisfies the
            criteria and requirements of this title.
              ``(3) The identity of the alien for whom authorization for
            the special removal proceedings is sought.
              ``(4) A statement of the facts and circumstances relied on by
            the Department of Justice to establish that--
                      ``(A) the alien is an alien terrorist and is
                    physically present in the United States, and
                      ``(B) with respect to such alien, adherence to the
                    provisions of title II regarding the removal of aliens
                    would pose a risk to the national security of the
                    United States.
              ``(5) An oath or affirmation respecting each of the facts and
            statements described in the previous paragraphs.
      ``(c) Right to Dismiss.--The Department of Justice retains the right
    to dismiss a removal action under this title at any stage of the
    proceeding.
                         ``consideration of application
      ``Sec. 504. (a) In General.--In the case of an application under
    section 503 to the special removal court, a single judge of the court
    shall be assigned to consider the application. The judge, in accordance
    with the rules of the court, shall consider the application and may
    consider other information, including classified information, presented
    under oath or affirmation. The judge shall consider the application
    (and any hearing thereof) in camera and ex parte. A verbatim record
    shall be maintained of any such hearing.
      ``(b) Approval of Order.--The judge shall enter ex parte the order
    requested in the application if the judge finds, on the basis of such
    application and such other information (if any), that there is probable
    cause to believe that--
              ``(1) the alien who is the subject of the application has
            been correctly identified and is an alien terrorist, and
              ``(2) adherence to the provisions of title II regarding the
            removal of the identified alien would pose a risk to the
            national security of the United States.
      ``(c) Denial of Order.--If the judge denies the order requested in
    the application, the judge shall prepare a written statement of the
    judge's reasons for the denial.
      ``(d) Exclusive Provisions.--Whenever an order is issued under this
    section with respect to an alien--
              ``(1) the alien's rights regarding removal and expulsion
            shall be governed solely by the provisions of this title, and
              ``(2) except as they are specifically referenced, no other
            provisions of this Act shall be applicable.
                           ``special removal hearings
      ``Sec. 505. (a) In General.--In any case in which the application for
    the order is approved under section 504, a special removal hearing
    shall be conducted under this section for the purpose of determining
    whether the alien to whom the order pertains should be removed from the
    United States on the grounds that the alien is an alien terrorist.
    Consistent with section 506, the alien shall be given reasonable notice
    of the nature of the charges against the alien and a general account of
    the basis for the charges. The alien shall be given notice, reasonable
    under all the circumstances, of the time and place at which the hearing
    will be held. The hearing shall be held as expeditiously as possible.
      ``(b) Use of Same Judge.--The special removal hearing shall be held
    before the same judge who granted the order pursuant to section 504
    unless that judge is deemed unavailable due to illness or disability by
    the chief judge of the special removal court, or has died, in which
    case the chief judge shall assign another judge to conduct the special
    removal hearing. A decision by the chief judge pursuant to the
    preceding sentence shall not be subject to review by either the alien
    or the Department of Justice.
      ``(c) Rights in Hearing.--
              ``(1) Public hearing.--The special removal hearing shall be
            open to the public.
              ``(2) Right of counsel.--The alien shall have a right to be
            present at such hearing and to be represented by counsel. Any
            alien financially unable to obtain counsel shall be entitled to
            have counsel assigned to represent the alien. Such counsel
            shall be appointed by the judge pursuant to the plan for
            furnishing representation for any person financially unable to
            obtain adequate representation for the district in which the
            hearing is conducted, as provided for in section 3006A of title
            18, United States Code. All provisions of that section shall
            apply and, for purposes of determining the maximum amount of
            compensation, the matter shall be treated as if a felony was
            charged.
              ``(3) Introduction of evidence.--The alien shall have a right
            to introduce evidence on the alien's own behalf.
              ``(4) Examination of witnesses.--Except as provided in
            section 506, the alien shall have a reasonable opportunity to
            examine the evidence against the alien and to cross-examine any
            witness.
              ``(5) Record.--A verbatim record of the proceedings and of
            all testimony and evidence offered or produced at such a
            hearing shall be kept.
              ``(6) Decision based on evidence at hearing.--The decision of
            the judge in the hearing shall be based only on the evidence
            introduced at the hearing, including evidence introduced under
            subsection (e).
              ``(7) No right to ancillary relief.--In the hearing, the
            judge is not authorized to consider or provide for relief from
            removal based on any of the following:
                      ``(A) Asylum under section 208.
                      ``(B) Withholding of deportation under section
                    243(h).
                      ``(C) Suspension of deportation under section 244(a).
                      ``(D) Voluntary departure under section 244(e).
                      ``(E) Adjustment of status under section 245.
                      ``(F) Registry under section 249.
      ``(d) Subpoenas.--
              ``(1) Request.--At any time prior to the conclusion of the
            special removal hearing, either the alien or the Department of
            Justice may request the judge to issue a subpoena for the
            presence of a named witness (which subpoena may also command
            the person to whom it is directed to produce books, papers,
            documents, or other objects designated therein) upon a
            satisfactory showing that the presence of the witness is
            necessary for the determination of any material matter. Such a
            request may be made ex parte except that the judge shall inform
            the Department of Justice of any request for a subpoena by the
            alien for a witness or material if compliance with such a
            subpoena would reveal evidence or the source of evidence which
            has been introduced, or which the Department of Justice has
            received permission to introduce, in camera and ex parte
            pursuant to subsection (e) and section 506, and the Department
            of Justice shall be given a reasonable opportunity to oppose
            the issuance of such a subpoena.
              ``(2) Payment for attendance.--If an application for a
            subpoena by the alien also makes a showing that the alien is
            financially unable to pay for the attendance of a witness so
            requested, the court may order the costs incurred by the
            process and the fees of the witness so subpoenaed to be paid
            from funds appropriated for the enforcement of title II.
              ``(3) Nationwide service.--A subpoena under this subsection
            may be served anywhere in the United States.
              ``(4) Witness fees.--A witness subpoenaed under this
            subsection shall receive the same fees and expenses as a
            witness subpoenaed in connection with a civil proceeding in a
            court of the United States.
              ``(5) No access to classified information.--Nothing in this
            subsection is intended to allow an alien to have access to
            classified information.
      ``(e) Introduction of Classified Information.--
              ``(1) In general.--When classified information has been
            summarized pursuant to section 506(b) or where a finding has
            been made under section 506(b)(5) that no summary is possible,
            classified information shall be introduced (either in writing
            or through testimony) in camera and ex parte and neither the
            alien nor the public shall be informed of such evidence or its
            sources other than through reference to the summary provided
            pursuant to such section. Notwithstanding the previous
            sentence, the Department of Justice may, in its discretion and,
            in the case of classified information, after coordination with
            the originating agency, elect to introduce such evidence in
            open session.
              ``(2) Treatment of electronic surveillance information.--
                      ``(A) Use of electronic surveillance.--The Government
                    is authorized to use in a special removal proceedings
                    the fruits of electronic surveillance and unconsented
                    physical searches authorized under the Foreign
                    Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
                    et seq.) without regard to subsections (c), (e), (f),
                    (g), and (h) of section 106 of that Act.
                      ``(B) No discovery of electronic surveillance
                    information.--An alien subject to removal under this
                    title shall have no right of discovery of information
                    derived from electronic surveillance authorized under
                    the Foreign Intelligence Surveillance Act of 1978 or
                    otherwise for national security purposes. Nor shall
                    such alien have the right to seek suppression of
                    evidence.
                      ``(C) Certain procedures not applicable.--The
                    provisions and requirements of section 3504 of title
                    18, United States Code, shall not apply to procedures
                    under this title.
              ``(3) Rights of united states.--Nothing in this section shall
            prevent the United States from seeking protective orders and
            from asserting privileges ordinarily available to the United
            States to protect against the disclosure of classified
            information, including the invocation of the military and state
            secrets privileges.
      ``(f) Inclusion of Certain Evidence.--The Federal Rules of Evidence
    shall not apply to hearings under this section. Evidence introduced at
    the special removal hearing, either in open session or in camera and ex
    parte, may, in the discretion of the Department of Justice, include all
    or part of the information presented under section 504 used to obtain
    the order for the hearing under this section.
      ``(g) Arguments.--Following the receipt of evidence, the attorneys
    for the Department of Justice and for the alien shall be given fair
    opportunity to present argument as to whether the evidence is
    sufficient to justify the removal of the alien. The attorney for the
    Department of Justice shall open the argument. The attorney for the
    alien shall be permitted to reply. The attorney for the Department of
    Justice shall then be permitted to reply in rebuttal. The judge may
    allow any part of the argument that refers to evidence received in
    camera and ex parte to be heard in camera and ex parte.
      ``(h) Burden of Proof.--In the hearing the Department of Justice has
    the burden of showing by clear and convincing evidence that the alien
    is subject to removal because the alien is an alien terrorist. If the
    judge finds that the Department of Justice has met this burden, the
    judge shall order the alien removed and detained pending removal from
    the United States. If the alien was released pending the special
    removal hearing, the judge shall order the Attorney General to take the
    alien into custody.
      ``(i) Written Order.--At the time of rendering a decision as to
    whether the alien shall be removed, the judge shall prepare a written
    order containing a statement of facts found and conclusions of law. Any
    portion of the order that would reveal the substance or source of
    information received in camera and ex parte pursuant to subsection (e)
    shall not be made available to the alien or the public.
                   ``consideration of classified information
      ``Sec. 506. (a) Consideration In Camera and Ex Parte.--In any case in
    which the application for the order authorizing the special procedures
    of this title is approved, the judge who granted the order shall
    consider each item of classified information the Department of Justice
    proposes to introduce in camera and ex parte at the special removal
    hearing and shall order the introduction of such information pursuant
    to section 505(e) if the judge determines the information to be
    relevant.
      ``(b) Preparation and Provision of Written Summary.--
              ``(1) Preparation.--The Department of Justice shall prepare a
            written summary of such classified information which does not
            pose a risk to national security.
              ``(2) Conditions for approval by judge and provision to
            alien.--The judge shall approve the summary so long as the
            judge finds that the summary is sufficient--
                      ``(A) to inform the alien of the general nature of
                    the evidence that the alien is an alien terrorist, and
                      ``(B) to permit the alien to prepare a defense
                    against deportation.
            The Department of Justice shall cause to be delivered to the
            alien a copy of the summary.
              ``(3) Opportunity for correction and resubmittal.--If the
            judge does not approve the summary, the judge shall provide the
            Department a reasonable opportunity to correct the deficiencies
            identified by the court and to submit a revised summary.
              ``(4) Conditions for termination of proceedings if summary
            not approved.--
                      ``(A) In general.--If, subsequent to the opportunity
                    described in paragraph (3), the judge does not approve
                    the summary, the judge shall terminate the special
                    removal hearing unless the judge makes the findings
                    described in subparagraph (B).
                      ``(B) Findings.--The findings described in this
                    subparagraph are, with respect to an alien, that--
                              ``(i) the continued presence of the alien in
                            the United States would likely cause serious
                            and irreparable harm to the national security
                            or death or serious bodily injury to any
                            person, and
                              ``(ii) the provision of the required summary
                            would likely cause serious and irreparable harm
                            to the national security or death or serious
                            bodily injury to any person.
              ``(5) Continuation of hearing without summary.--If a judge
            makes the findings described in paragraph (4)(B)--
                      ``(A) if the alien involved is an alien lawfully
                    admitted for permanent residence, the procedures
                    described in subsection (c) shall apply; and
                      ``(B) in all cases the special removal hearing shall
                    continue, the Department of Justice shall cause to be
                    delivered to the alien a statement that no summary is
                    possible, and the classified information submitted in
                    camera and ex parte may be used pursuant to section
                    505(e).
      ``(c) Special Procedures for Access and Challenges to Classified
    Information by Special Attorneys in Case of Lawful Permanent Aliens.--
              ``(1) In general.--The procedures described in this
            subsection are that the judge (under rules of the special
            removal court) shall designate a special attorney to assist the
            alien--
                      ``(A) by reviewing in camera the classified
                    information on behalf of the alien, and
                      ``(B) by challenging through an in camera proceeding
                    the veracity of the evidence contained in the
                    classified information.
              ``(2) Restrictions on disclosure.--A special attorney
            receiving classified information under paragraph (1)--
                      ``(A) shall not disclose the information to the alien
                    or to any other attorney representing the alien, and
                      ``(B) who discloses such information in violation of
                    subparagraph (A) shall be subject to a fine under title
                    18, United States Code, imprisoned for not less than 10
                    years nor more than 25 years, or both.
                                   ``appeals
      ``Sec. 507. (a) Appeals of Denials of Applications for Orders.--The
    Department of Justice may seek a review of the denial of an order
    sought in an application by the United States Court of Appeals for the
    District of Columbia Circuit by notice of appeal which must be filed
    within 20 days after the date of such denial. In such a case the entire
    record of the proceeding shall be transmitted to the Court of Appeals
    under seal and the Court of Appeals shall hear the matter ex parte. In
    such a case the Court of Appeals shall review questions of law de novo,
    but a prior finding on any question of fact shall not be set aside
    unless such finding was clearly erroneous.
      ``(b) Appeals of Determinations About Summaries of Classified
    Information.--Either party may take an interlocutory appeal to the
    United States Court of Appeals for the District of Columbia Circuit
    of--
              ``(1) any determination by the judge pursuant to section
            506(a)--
                      ``(A) concerning whether an item of evidence may be
                    introduced in camera and ex parte, or
                      ``(B) concerning the contents of any summary of
                    evidence to be introduced in camera and ex parte
                    prepared pursuant to section 506(b); or
              ``(2) the refusal of the court to make the findings permitted
            by section 506(b)(4)(B).
    In any interlocutory appeal taken pursuant to this subsection, the
    entire record, including any proposed order of the judge or summary of
    evidence, shall be transmitted to the Court of Appeals under seal and
    the matter shall be heard ex parte.
      ``(c) Appeals of Decision in Hearing.--
              ``(1) In general.--Subject to paragraph (2), the decision of
            the judge after a special removal hearing may be appealed by
            either the alien or the Department of Justice to the United
            States Court of Appeals for the District of Columbia Circuit by
            notice of appeal.
              ``(2) Automatic appeals in cases of permanent resident aliens
            in which no summary provided.--
                      ``(A) In general.--Unless the alien waives the right
                    to a review under this paragraph, in any case involving
                    an alien lawfully admitted for permanent residence who
                    is denied a written summary of classified information
                    under section 506(b)(4) and with respect to which the
                    procedures described in section 506(c) apply, any order
                    issued by the judge shall be reviewed by the Court of
                    Appeals for the District of Columbia Circuit.
                      ``(B) Use of special attorney.--With respect to any
                    issue relating to classified information that arises in
                    such review, the alien shall be represented only by the
                    special attorney designated under section 506(c)(1) on
                    behalf of the alien.
      ``(d) General Provisions Relating to Appeals.--
              ``(1) Notice.--A notice of appeal pursuant to subsection (b)
            or (c) (other than under subsection (c)(2)) must be filed
            within 20 days after the date of the order with respect to
            which the appeal is sought, during which time the order shall
            not be executed.
              ``(2) Transmittal of record.--In an appeal or review to the
            Court of Appeals pursuant to subsection (b) or (c)--
                      ``(A) the entire record shall be transmitted to the
                    Court of Appeals, and
                      ``(B) information received pursuant to section
                    505(e), and any portion of the judge's order that would
                    reveal the substance or source of such information,
                    shall be transmitted under seal.
              ``(3) Expedited appellate proceeding.--In an appeal or review
            to the Court of Appeals pursuant to subsection (b) or (c):
                      ``(A) Review.--The appeal or review shall be heard as
                    expeditiously as practicable and the Court may dispense
                    with full briefing and hear the matter solely on the
                    record of the judge of the special removal court and on
                    such briefs or motions as the Court may require to be
                    filed by the parties.
                      ``(B) Disposition.--The Court shall uphold or reverse
                    the judge's order within 60 days after the date of the
                    issuance of the judge's final order.
              ``(4) Standard for review.--In an appeal or review to the
            Court of Appeals pursuant to subsection (b) or (c):
                      ``(A) Questions of law.--The Court of Appeals shall
                    review all questions of law de novo.
                      ``(B) Questions of fact.--(i) Subject to clause (ii),
                    a prior finding on any question of fact shall not be
                    set aside unless such finding was clearly erroneous.
                      ``(ii) In the case of a review under subsection
                    (c)(2) in which an alien lawfully admitted for
                    permanent residence was denied a written summary of
                    classified information under section 506(b)(4), the
                    Court of Appeals shall review questions of fact de
                    novo.
      ``(e) Certiorari.--Following a decision by the Court of Appeals
    pursuant to subsection (b) or (c), either the alien or the Department
    of Justice may petition the Supreme Court for a writ of certiorari. In
    any such case, any information transmitted to the Court of Appeals
    under seal shall, if such information is also submitted to the Supreme
    Court, be transmitted under seal. Any order of removal shall not be
    stayed pending disposition of a writ of certiorari except as provided
    by the Court of Appeals or a Justice of the Supreme Court.
      ``(f) Appeals of Detention Orders.--
              ``(1) In general.--The provisions of sections 3145 through
            3148 of title 18, United States Code, pertaining to review and
            appeal of a release or detention order, penalties for failure
            to appear, penalties for an offense committed while on release,
            and sanctions for violation of a release condition shall apply
            to an alien to whom section 508(b)(1) applies. In applying the
            previous sentence--
                      ``(A) for purposes of section 3145 of such title an
                    appeal shall be taken to the United States Court of
                    Appeals for the District of Columbia Circuit, and
                      ``(B) for purposes of section 3146 of such title the
                    alien shall be considered released in connection with a
                    charge of an offense punishable by life imprisonment.
              ``(2) No review of continued detention.--The determinations
            and actions of the Attorney General pursuant to section
            508(c)(2)(C) shall not be subject to judicial review, including
            application for a writ of habeas corpus, except for a claim by
            the alien that continued detention violates the alien's rights
            under the Constitution. Jurisdiction over any such challenge
            shall lie exclusively in the United States Court of Appeals for
            the District of Columbia Circuit.
                            ``detention and custody
      ``Sec. 508. (a) Initial Custody.--
              ``(1) Upon filing application.--Subject to paragraph (2), the
            Attorney General may take into custody any alien with respect
            to whom an application under section 503 has been filed and,
            notwithstanding any other provision of law, may retain such an
            alien in custody in accordance with the procedures authorized
            by this title.
              ``(2) Special rules for permanent resident aliens.--An alien
            lawfully admitted for permanent residence shall be entitled to
            a release hearing before the judge assigned to hear the special
            removal hearing. Such an alien shall be detained pending the
            special removal hearing, unless the alien demonstrates to the
            court that--
                      ``(A) the alien, if released upon such terms and
                    conditions as the court may prescribe (including the
                    posting of any monetary amount), is not likely to flee,
                    and
                      ``(B) the alien's release will not endanger national
                    security or the safety of any person or the community.
            The judge may consider classified information submitted in
            camera and ex parte in making a determination under this
            paragraph.
              ``(3) Release if order denied and no review sought.--
                      ``(A) In general.--Subject to subparagraph (B), if a
                    judge of the special removal court denies the order
                    sought in an application with respect to an alien and
                    the Department of Justice does not seek review of such
                    denial, the alien shall be released from custody.
                      ``(B) Application of regular procedures.--
                    Subparagraph (A) shall not prevent the arrest and
                    detention of the alien pursuant to title II.
      ``(b) Conditional Release If Order Denied and Review Sought.--
              ``(1) In general.--If a judge of the special removal court
            denies the order sought in an application with respect to an
            alien and the Department of Justice seeks review of such
            denial, the judge shall release the alien from custody subject
            to the least restrictive condition or combination of conditions
            of release described in section 3142(b) and clauses (i) through
            (xiv) of section 3142(c)(1)(B) of title 18, United States Code,
            that will reasonably assure the appearance of the alien at any
            future proceeding pursuant to this title and will not endanger
            the safety of any other person or the community.
              ``(2) No release for certain aliens.--If the judge finds no
            such condition or combination of conditions, the alien shall
            remain in custody until the completion of any appeal authorized
            by this title.
      ``(c) Custody and Release After Hearing.--
              ``(1) Release.--
                      ``(A) In general.--Subject to subparagraph (B), if
                    the judge decides pursuant to section 505(i) that an
                    alien should not be removed, the alien shall be
                    released from custody.
                      ``(B) Custody pending appeal.--If the Attorney
                    General takes an appeal from such decision, the alien
                    shall remain in custody, subject to the provisions of
                    section 3142 of title 18, United States Code.
              ``(2) Custody and removal.--
                      ``(A) Custody.--If the judge decides pursuant to
                    section 505(i) that an alien shall be removed, the
                    alien shall be detained pending the outcome of any
                    appeal. After the conclusion of any judicial review
                    thereof which affirms the removal order, the Attorney
                    General shall retain the alien in custody and remove
                    the alien to a country specified under subparagraph
                    (B).
                      ``(B) Removal.--
                              ``(i) In general.--The removal of an alien
                            shall be to any country which the alien shall
                            designate if such designation does not, in the
                            judgment of the Attorney General, in
                            consultation with the Secretary of State,
                            impair the obligation of the United States
                            under any treaty (including a treaty pertaining
                            to extradition) or otherwise adversely affect
                            the foreign policy of the United States.
                              ``(ii) Alternate countries.--If the alien
                            refuses to designate a country to which the
                            alien wishes to be removed or if the Attorney
                            General, in consultation with the Secretary of
                            State, determines that removal of the alien to
                            the country so designated would impair a treaty
                            obligation or adversely affect United States
                            foreign policy, the Attorney General shall
                            cause the alien to be removed to any country
                            willing to receive such alien.
                      ``(C) Continued detention.--If no country is willing
                    to receive such an alien, the Attorney General may,
                    notwithstanding any other provision of law, retain the
                    alien in custody. The Attorney General, in coordination
                    with the Secretary of State, shall make periodic
                    efforts to reach agreement with other countries to
                    accept such an alien and at least every 6 months shall
                    provide to the attorney representing the alien at the
                    special removal hearing a written report on the
                    Attorney General's efforts. Any alien in custody
                    pursuant to this subparagraph shall be released from
                    custody solely at the discretion of the Attorney
                    General and subject to such conditions as the Attorney
                    General shall deem appropriate.
                      ``(D) Fingerprinting.--Before an alien is transported
                    out of the United States pursuant to this subsection,
                    or pursuant to an order of exclusion because such alien
                    is excludable under section 212(a)(3)(B), the alien
                    shall be photographed and fingerprinted, and shall be
                    advised of the provisions of subsection 276(b).
      ``(d) Continued Detention Pending Trial.--
              ``(1) Delay in removal.--Notwithstanding the provisions of
            subsection (c)(2), the Attorney General may hold in abeyance
            the removal of an alien who has been ordered removed pursuant
            to this title to allow the trial of such alien on any Federal
            or State criminal charge and the service of any sentence of
            confinement resulting from such a trial.
              ``(2) Maintenance of custody.--Pending the commencement of
            any service of a sentence of confinement by an alien described
            in paragraph (1), such an alien shall remain in the custody of
            the Attorney General, unless the Attorney General determines
            that temporary release of the alien to the custody of State
            authorities for confinement in a State facility is appropriate
            and would not endanger national security or public safety.
              ``(3) Subsequent removal.--Following the completion of a
            sentence of confinement by an alien described in paragraph (1)
            or following the completion of State criminal proceedings which
            do not result in a sentence of confinement of an alien released
            to the custody of State authorities pursuant to paragraph (2),
            such an alien shall be returned to the custody of the Attorney
            General who shall proceed to carry out the provisions of
            subsection (c)(2) concerning removal of the alien.
      ``(e) Application of Certain Provisions Relating to Escape of
    Prisoners.--For purposes of sections 751 and 752 of title 18, United
    States Code, an alien in the custody of the Attorney General pursuant
    to this title shall be subject to the penalties provided by those
    sections in relation to a person committed to the custody of the
    Attorney General by virtue of an arrest on a charge of a felony.
      ``(f) Rights of Aliens in Custody.--
              ``(1) Family and attorney visits.--An alien in the custody of
            the Attorney General pursuant to this title shall be given
            reasonable opportunity to communicate with and receive visits
            from members of the alien's family, and to contact, retain, and
            communicate with an attorney.
              ``(2) Diplomatic contact.--An alien in the custody of the
            Attorney General pursuant to this title shall have the right to
            contact an appropriate diplomatic or consular official of the
            alien's country of citizenship or nationality or of any country
            providing representation services therefore. The Attorney
            General shall notify the appropriate embassy, mission, or
            consular office of the alien's detention.''.
      (b) Criminal Penalty for Reentry of Alien Terrorists.--Section 276(b)
    (8 U.S.C. 1326(b)) is amended--
              (1) by striking ``or'' at the end of paragraph (1),
              (2) by striking the period at the end of paragraph (2) and
            inserting ``; or'', and
              (3) by inserting after paragraph (2) the following new
            paragraph:
              ``(3) who has been excluded from the United States pursuant
            to subsection 235(c) because the alien was excludable under
            subsection 212(a)(3)(B) or who has been removed from the United
            States pursuant to the provisions of title V, and who
            thereafter, without the permission of the Attorney General,
            enters the United States or attempts to do so shall be fined
            under title 18, United States Code, and imprisoned for a period
            of 10 years, which sentence shall not run concurrently with any
            other sentence.''.
      (c) Elimination of Custody Review by Habeas Corpus.--Section 106(a)
    (8 U.S.C. 1105a(a)) is amended--
              (1) by adding ``and'' at the end of paragraph (8),
              (2) by striking ``; and'' at the end of paragraph (9) and
            inserting a period, and
              (3) by striking paragraph (10).
      (d) Effective Date.--The amendments made by this section shall take
    effect on the date of the enactment of this Act and shall apply to all
    aliens without regard to the date of entry or attempted entry into the
    United States.

    SEC. 322. FUNDING FOR DETENTION AND REMOVAL OF ALIEN TERRORISTS.

      In addition to amounts otherwise appropriated, there are authorized
    to be appropriated for each fiscal year (beginning with fiscal year
    1996) $5,000,000 to the Immigration and Naturalization Service for the
    purpose of detaining and removing alien terrorists.

       PART 2--INADMISSIBILITY AND DENIAL OF RELIEF FOR ALIEN TERRORISTS

    SEC. 331. MEMBERSHIP IN TERRORIST ORGANIZATION AS GROUND OF
                        INADMISSIBILITY.

      (a) In General.--Section 212(a)(3)(B) (8 U.S.C. 1182(a)(3)(B)) is
    amended--
              (1) in clause (i)--
                      (A) by striking ``or'' at the end of subclause (I),
                      (B) in subclause (II), by inserting ``engaged in or''
                    after ``believe,'', and
                      (C) by inserting after subclause (II) the following:
                                      ``(III) is a representative of a
                                    terrorist organization, or
                                      ``(IV) is a member of a terrorist
                                    organization which the alien knows or
                                    should have known is a terrorist
                                    organization,''; and
              (2) by adding at the end the following:
                              ``(iv) Terrorist organization defined.--
                                      ``(I) Designation.--For purposes of
                                    this Act, the term `terrorist
                                    organization' means a foreign
                                    organization designated in the Federal
                                    Register as a terrorist organization by
                                    the Secretary of State, in consultation
                                    with the Attorney General, based upon a
                                    finding that the organization engages
                                    in, or has engaged in, terrorist
                                    activity that threatens the national
                                    security of the United States.
                                      ``(II) Process.--At least 3 days
                                    before designating an organization as a
                                    terrorist organization through
                                    publication in the Federal Register,
                                    the Secretary of State, in consultation
                                    with the Attorney General, shall notify
                                    the Committees on the Judiciary of the
                                    House of Representatives and the Senate
                                    of the intent to make such designation
                                    and the findings and basis for
                                    designation. The Secretary of State, in
                                    consultation with the Attorney General,
                                    shall create an administrative record
                                    and may use classified information in
                                    making such a designation. Such
                                    information is not subject to
                                    disclosure so long as it remains
                                    classified, except that it may be
                                    disclosed to a court ex parte and in
                                    camera under subclause (III) for
                                    purposes of judicial review of such a
                                    designation. The Secretary of State, in
                                    consultation with the Attorney General,
                                    shall provide notice and an opportunity
                                    for public comment prior to the
                                    creation of the administrative record
                                    under this subclause.
                                      ``(III) Judicial review.--Any
                                    organization designated as a terrorist
                                    organization under the preceding
                                    provisions of this clause may, not
                                    later than 30 days after the date of
                                    the designation, seek judicial review
                                    thereof in the United States Court of
                                    Appeals for the District of Columbia
                                    Circuit. Such review shall be based
                                    solely upon the administrative record,
                                    except that the Government may submit,
                                    for ex parte and in camera review,
                                    classified information considered in
                                    making the designation. The court shall
                                    hold unlawful and set aside the
                                    designation if the court finds the
                                    designation to be arbitrary,
                                    capricious, an abuse of discretion, or
                                    otherwise not in accordance with law,
                                    lacking substantial support in the
                                    administrative record taken as a whole
                                    or in classified information submitted
                                    to the court under the previous
                                    sentence, contrary to constitutional
                                    right, power, privilege, or immunity,
                                    or not in accord with the procedures
                                    required by law.
                                      ``(IV) Congressional removal
                                    authority.--The Congress reserves the
                                    authority to remove, by law, the
                                    designation of an organization as a
                                    terrorist organization for purposes of
                                    this Act.
                                      ``(V) Sunset.--Subject to subclause
                                    (IV), the designation under this clause
                                    of an organization as a terrorist
                                    organization shall be effective for a
                                    period of 2 years from the date of the
                                    initial publication of the terrorist
                                    organization designation by the
                                    Secretary of State. At the end of such
                                    period (but no sooner than 60 days
                                    prior to the termination of the 2-year-
                                    designation period), the Secretary of
                                    State, in consultation with the
                                    Attorney General, may redesignate the
                                    organization in conformity with the
                                    requirements of this clause for
                                    designation of the organization.
                                      ``(VI) Removal authority.--The
                                    Secretary of State, in consultation
                                    with the Attorney General, may remove
                                    the terrorist organization designation
                                    from any organization previously
                                    designated as such an organization, at
                                    any time, so long as the Secretary
                                    publishes notice of the removal in the
                                    Federal Register. The Secretary is not
                                    required to report to Congress prior to
                                    so removing such designation.
                              ``(v) Representative defined.--
                                      ``(I) In general.--In this
                                    subparagraph, the term `representative'
                                    includes an officer, official, or
                                    spokesman of the organization and any
                                    person who directs, counsels, commands
                                    or induces the organization or its
                                    members to engage in terrorist
                                    activity.
                                      ``(II) Judicial review.--The
                                    determination under this subparagraph
                                    that an alien is a representative of a
                                    terrorist organization shall be subject
                                    to judicial review under section 706 of
                                    title 5, United States Code.''.
      (b) Effective Date.--The amendments made by this section shall take
    effect on the date of the enactment of this Act.

    SEC. 332. DENIAL OF RELIEF FOR ALIEN TERRORISTS.

      (a) Withholding of Deportation.--Subsection (h)(2) of section 243 (8
    U.S.C. 1253), before amendment by section 307(a), is amended by adding
    at the end the following new sentence: ``For purposes of subparagraph
    (D), an alien who is described in section 241(a)(4)(B) shall be
    considered to be an alien for whom there are reasonable grounds for
    regarding as a danger to the security of the United States.''.
      (b) Suspension of Deportation.--Section 244(a) (8 U.S.C. 1254(a)),
    before amendment by section 308(b), is amended by striking ``section
    241(a)(4)(D)'' and inserting ``subparagraph (B) or (D) of section
    241(a)(4)''.
      (c) Voluntary Departure.--Section 244(e)(2) (8 U.S.C. 1254(e)(2)),
    before amendment by section 308(b), is amended by inserting ``under
    section 241(a)(4)(B) or'' after ``who is deportable''.
      (d) Adjustment of Status.--Section 245(c) (8 U.S.C. 1255(c)) is
    amended--
              (1) by striking ``or'' before ``(5)'', and
              (2) by inserting before the period at the end the following:
            ``, or (6) an alien who is deportable under section
            241(a)(4)(B)''.
      (e) Registry.--Section 249(d) (8 U.S.C. 1259(d)) is amended by
    inserting ``and is not deportable under section 241(a)(4)(B)'' after
    ``ineligible to citizenship''.
      (f) Effective Date.--(1) The amendments made by this section shall
    take effect on the date of the enactment of this Act and shall apply to
    applications filed before, on, or after such date if final action has
    not been taken on them before such date.
      (2) The amendments made by subsections (a) through (c) are
    subsequently superseded by the amendments made by subtitle A.

     Subtitle C--Deterring Transportation of Unlawful Aliens to the United
                                     States

    SEC. 341. DEFINITION OF STOWAWAY.

      (a) Stowaway Defined.--Section 101(a) (8 U.S.C. 1101(a)) is amended
    by adding the following new paragraph:
      ``(47) The term `stowaway' means any alien who obtains transportation
    without the consent of the owner, charterer, master or person in
    command of any vessel or aircraft through concealment aboard such
    vessel or aircraft. A passenger who boards with a valid ticket is not
    to be considered a stowaway.''.
      (b) Effective Date.--The amendment made by subsection (a) shall take
    effect on the date of the enactment of this Act.

    SEC. 342. LIST OF ALIEN AND CITIZEN PASSENGERS ARRIVING.

      (a) In General.--Section 231(a) (8 U.S.C. 1221(a)) is amended--
              (1) by amending the first sentence to read as follows: ``In
            connection with the arrival of any person by water or by air at
            any port within the United States from any place outside the
            United States, it shall be the duty of the master or commanding
            officer, or authorized agent, owner, or consignee of the vessel
            or aircraft, having such person on board to deliver to the
            immigration officers at the port of arrival, or other place
            designated by the Attorney General, electronic, typewritten, or
            printed lists or manifests of the persons on board such vessel
            or aircraft.'';
              (2) in the second sentence, by striking ``shall be prepared''
            and inserting ``shall be prepared and submitted''; and
              (3) by inserting after the second sentence the following
            sentence: ``Such lists or manifests shall contain, but not be
            limited to, for each person transported, the person's full
            name, date of birth, gender, citizenship, travel document
            number (if applicable) and arriving flight number.''.
      (b) Effective Date.--The amendments made by subsection (a) shall
    apply to vessels or aircraft arriving at ports of entry on or after
    such date (not later than 60 days after the date of the enactment of
    this Act) as the Attorney General shall specify.

                       Subtitle D--Additional Provisions

    SEC. 351. DEFINITION OF CONVICTION.

      (a) In General.--Section 101(a) (8 U.S.C. 1101(a)), as amended by
    section 341(a), is amended by adding at the end the following new
    paragraph:
      ``(48) The term `conviction' means a formal judgment of guilt entered
    by a court or, if adjudication of guilt has been withheld, where all of
    the following elements are present:
                      ``(A) A judge or jury has found the alien guilty or
                    the alien has entered a plea of guilty or nolo
                    contendere or has admitted sufficient facts to warrant
                    a finding of guilt.
                      ``(B) The judge has ordered some form of punishment,
                    penalty, or restraint on the alien's liberty to be
                    imposed.
                      ``(C) A judgment or adjudication of guilt may be
                    entered if the alien violates the terms of the
                    probation or fails to comply with the requirements of
                    the court's order, without availability of further
                    proceedings regarding the alien's guilt or innocence of
                    the original charge.''.
      (b) Effective Date.--The amendment made by subsection (a) shall apply
    to convictions entered before, on, or after the date of the enactment
    of this Act.

    SEC. 352. IMMIGRATION JUDGES AND COMPENSATION.

      (a) Definition of Term.--Paragraph (4) of section 101(b) (8 U.S.C.
    1101(b)) is amended to read as follows:
      ``(4) The term `immigration judge' means an attorney whom the
    Attorney General appoints as an administrative judge within the
    Executive Office for Immigration Review, qualified to conduct specified
    classes of proceedings, including a hearing under section 240. An
    immigration judge shall be subject to such supervision and shall
    perform such duties as the Attorney General shall prescribe, but shall
    not be employed by the Immigration and Naturalization Service.''.
      (b) Substitution for Term ``Special Inquiry Officer''.--The
    Immigration and Nationality Act is amended by striking ``a special
    inquiry officer'', ``special inquiry officer'', and ``special inquiry
    officers'' and inserting ``an immigration judge'', ``immigration
    judge'', and ``immigration judges'', respectively, each place it
    appears in the following sections:
              (1) Section 106(a)(2) (8 U.S.C. 1105a(a)(2)).
              (2) Section 209(a)(2) (8 U.S.C. 1159(a)(2)).
              (3) Section 234 (8 U.S.C. 1224), before redesignation by
            section 308(b).
              (4) Section 235 (8 U.S.C. 1225), before redesignation by
            section 308(b).
              (5) Section 236 (8 U.S.C. 1226), before amendment by section
            303.
              (6) Section 242(b) (8 U.S.C. 1252(b)), before amendment by
            section 306(a)(2).
              (7) Section 242(d)(1) (8 U.S.C. 1252(d)(1)), before amendment
            by section 306(a)(2).
              (8) Section 292 (8 U.S.C. 1362).
      (c) Compensation for Immigration Judges.--
              (1) In general.--There shall be four levels of pay for
            immigration judges, under the Immigration Judge Schedule
            (designated as IJ-1, 2, 3, and 4, respectively), and each such
            judge shall be paid at one of those levels, in accordance with
            the provisions of this subsection.
              (2) Rates of pay.--
                      (A) The rates of basic pay for the levels established
                    under paragraph (1) shall be as follows:

        IJ-1
                                            70% of the next to highest rate
                                                    of basic pay for the
                                                    Senior Executive
                                                    Service
        IJ-2
                                            80% of the next to highest rate
                                                    of basic pay for the
                                                    Senior Executive
                                                    Service
        IJ-3
                                            90% of the next to highest rate
                                                    of basic pay for the
                                                    Senior Executive
                                                    Service
        IJ-4
                                            92% of the next to highest rate
                                                    of basic pay for the
                                                    Senior Executive
                                                    Service.

                      (B) Locality pay, where applicable, shall be
                    calculated into the basic pay for immigration judges.
              (3) Appointment.--
                      (A) Upon appointment, an immigration judge shall be
                    paid at IJ-1, and shall be advanced to IJ-2 upon
                    completion of 104 weeks of service, to IJ-3 upon
                    completion of 104 weeks of service in the next lower
                    rate, and to IJ-4 upon completion of 52 weeks of
                    service in the next lower rate.
                      (B) The Attorney General may provide for appointment
                    of an immigration judge at an advanced rate under such
                    circumstances as the Attorney General may determine
                    appropriate.
              (4) Transition.--Judges serving on the Immigration Court as
            of the effective date shall be paid at the rate that
            corresponds to the amount of time, as provided under paragraph
            (3)(A), that they have served as an immigration judge.
      (d) Effective Dates.--
              (1) Subsections (a) and (b) shall take effect on the date of
            the enactment of this Act.
              (2) Subsection (c) shall take effect 90 days after the date
            of the enactment of this Act.

    SEC. 353. RESCISSION OF LAWFUL PERMANENT RESIDENT STATUS.

      (a) In General.--Section 246(a) (8 U.S.C. 1256(a)) is amended by
    adding at the end the following sentence: ``Nothing in this subsection
    shall require the Attorney General to rescind the alien's status prior
    to commencement of procedures to remove the alien under section 240,
    and an order of removal issued by an immigration judge shall be
    sufficient to rescind the alien's status.''.
      (b) Effective Date.--The amendment made by subsection (a) shall take
    effect on the title III-A effective date (as defined in section
    309(a)).

    SEC. 354. CIVIL PENALTIES FOR FAILURE TO DEPART.

      (a) In General.--The Immigration and Nationality Act is amended by
    inserting after section 274C the following new section:
                    ``civil penalties for failure to depart
      ``Sec. 274D. (a) In General.--Any alien subject to a final order of
    removal who--
              ``(1) willfully fails or refuses to--
                      ``(A) depart from the United States pursuant to the
                    order,
                      ``(B) make timely application in good faith for
                    travel or other documents necessary for departure, or
                      ``(C) present for removal at the time and place
                    required by the Attorney General; or
              ``(2) conspires to or takes any action designed to prevent or
            hamper the alien's departure pursuant to the order,
    shall pay a civil penalty of not more than $500 to the Commissioner for
    each day the alien is in violation of this section.
      ``(b) Construction.--Nothing in this section shall be construed to
    diminish or qualify any penalties to which an alien may be subject for
    activities proscribed by section 243(a) or any other section of this
    Act.''.
      (b) Clerical Amendment.--The table of contents is amended by
    inserting after the item relating to section 274C the following new
    item:

    ``Sec. 274D. Civil penalties for failure to depart.''.

      (c) Effective Date.--The amendments made by subsection (a) shall
    apply to actions occurring on or after the title III-A effective date
    (as defined in section 309(a)).

    SEC. 355. CLARIFICATION OF DISTRICT COURT JURISDICTION.

      (a) In General.--Section 279 (8 U.S.C. 1329) is amended--
              (1) by amending the first sentence to read as follows: ``The
            district courts of the United States shall have jurisdiction of
            all causes, civil and criminal, brought by the United States
            that arise under the provisions of this title.'', and
              (2) by adding at the end the following new sentence:
            ``Nothing in this section shall be construed as providing
            jurisdiction for suits against the United States or its
            agencies or officers.''.
      (b) Effective Date.--The amendments made by subsection (a) shall
    apply to actions filed after the date of the enactment of this Act.

    SEC. 356. USE OF RETIRED FEDERAL EMPLOYEES FOR INSTITUTIONAL HEARING
                        PROGRAM.

      (a) Authorization of Temporary Employment of Certain Annuitants and
    Retirees.--For the purpose of performing duties in connection with
    supporting the enhanced Institutional Hearing Program, the Attorney
    General may employ for a period not to exceed 24 months (beginning 3
    months after the date of the enactment of this Act) not more than 300
    individuals (at any one time) who, by reason of separation from service
    on or before January 1, 1995, are receiving--
              (1) annuities under the provisions of subchapter III of
            chapter 83 of title 5, United States Code, or chapter 84 of
            such title;
              (2) annuities under any other retirement system for employees
            of the Federal Government; or
              (3) retired or retainer pay as retired officers of regular
            components of the uniformed services.
      (b) No Reduction in Annuity or Retirement Pay or Redetermination of
    Pay During Temporary Employment.--
              (1) Retirees under civil service retirement system and
            federal employees' retirement system.--In the case of an
            individual employed under subsection (a) who is receiving an
            annuity described in subsection (a)(1)--
                      (A) such individual's annuity shall continue during
                    the employment under subsection (a) and shall not be
                    increased as a result of service performed during that
                    employment;
                      (B) retirement deductions shall not be withheld from
                    such individual's pay; and
                      (C) such individual's pay shall not be subject to any
                    deduction based on the portion of such individual's
                    annuity which is allocable to the period of employment.
              (2) Other federal retirees.--The President shall apply the
            provisions of paragraph (1) to individuals who are receiving an
            annuity described in subsection (a)(2) and who are employed
            under subsection (a) in the same manner and to the same extent
            as such provisions apply to individuals who are receiving an
            annuity described in subsection (a)(1) and who are employed
            under subsection (a).
              (3) Retired officers of the uniform services.--The retired or
            retainer pay of a retired officer of a regular component of a
            uniformed service shall not be reduced under section 5532 of
            title 5, United States Code, by reason of temporary employment
            authorized under subsection (a).

    SEC. 357. ENHANCED PENALTIES FOR FAILURE TO DEPART, ILLEGAL REENTRY,
                        AND PASSPORT AND VISA FRAUD.

      (a) Failing to Depart.--The United States Sentencing Commission shall
    promptly promulgate, pursuant to section 994 of title 28, United States
    Code, amendments to the sentencing guidelines to make appropriate
    increases in the base offense level for offenses under section 242(e)
    and 276(b) of the Immigration and Nationality Act (8 U.S.C. 1252(e) and
    1326(b)) to reflect the amendments made by section 130001 of the
    Violent Crime Control and Law Enforcement Act of 1994.
      (b) Passport and Visa Offenses.--The United States Sentencing
    Commission shall promptly promulgate, pursuant to section 994 of title
    28, United States Code, amendments to the sentencing guidelines to make
    appropriate increases in the base offense level for offenses under
    chapter 75 of title 18, United States Code to reflect the amendments
    made by section 130009 of the Violent Crime Control and Law Enforcement
    Act of 1994.

    SEC. 358. AUTHORIZATION OF ADDITIONAL FUNDS FOR REMOVAL OF ALIENS.

      In addition to the amounts otherwise authorized to be appropriated
    for each fiscal year beginning with fiscal year 1996, there are
    authorized to be appropriated to the Attorney General $150,000,000 for
    costs associated with the removal of inadmissible or deportable aliens,
    including costs of detention of such aliens pending their removal, the
    hiring of more investigators, and the hiring of more detention and
    deportation officers.

    SEC. 359. APPLICATION OF ADDITIONAL CIVIL PENALTIES TO ENFORCEMENT.

      (a) In General.--Subsection (b) of section 280 (8 U.S.C. 1330(b)) is
    amended to read as follows:
      ``(b)(1) There is established in the general fund of the Treasury a
    separate account which shall be known as the `Immigration Enforcement
    Account'. Notwithstanding any other section of this title, there shall
    be deposited as offsetting receipts into the Immigration Enforcement
    Account amounts described in paragraph (2) to remain available until
    expended.
      ``(2) The amounts described in this paragraph are the following:
              ``(A) The increase in penalties collected resulting from the
            amendments made by sections 203(b) and 543(a) of the
            Immigration Act of 1990.
              ``(B) Civil penalties collected under sections 240B(d), 274C,
            274D, and 275(b).
      ``(3)(A) The Secretary of the Treasury shall refund out of the
    Immigration Enforcement Account to any appropriation the amount paid
    out of such appropriation for expenses incurred by the Attorney General
    for activities that enhance enforcement of provisions of this title,
    including--
              ``(i) the identification, investigation, apprehension,
            detention, and removal of criminal aliens;
              ``(ii) the maintenance and updating of a system to identify
            and track criminal aliens, deportable aliens, inadmissible
            aliens, and aliens illegally entering the United States; and
              ``(iii) for the repair, maintenance, or construction on the
            United States border, in areas experiencing high levels of
            apprehensions of illegal aliens, of structures to deter illegal
            entry into the United States.
      ``(B) The amounts which are required to be refunded under
    subparagraph (A) shall be refunded at least quarterly on the basis of
    estimates made by the Attorney General of the expenses referred to in
    subparagraph (A). Proper adjustments shall be made in the amounts
    subsequently refunded under subparagraph (A) to the extent prior
    estimates were in excess of, or less than, the amount required to be
    refunded under subparagraph (A).''.
      (b) Immigration User Fee Account.--Section 286(h)(1)(B) (8 U.S.C.
    1356(h)(1)(B)) is amended by striking ``271'' and inserting ``243(c),
    271,''.
      (c) Effective Date.--The amendments made by this section shall apply
    to fines and penalties collected on or after the date of the enactment
    of this Act.

    SEC. 360. PRISONER TRANSFER TREATIES.

      (a) Negotiation.--Congress advises the President to begin to
    negotiate and renegotiate, not later than 90 days after the date of the
    enactment of this Act, bilateral prisoner transfer treaties. The focus
    of such negotiations shall be--
              (1) to expedite the transfer of aliens unlawfully in the
            United States who are (or are about to be) incarcerated in
            United States prisons,
              (2) to ensure that a transferred prisoner serves the balance
            of the sentence imposed by the United States courts,
              (3) to eliminate any requirement of prisoner consent to such
            a transfer, and
              (4) to allow the Federal Government or the States to keep
            their original prison sentences in force so that transferred
            prisoners who return to the United States prior to the
            completion of their original United States sentences can be
            returned to custody for the balance of their prison sentences.
    In entering into such negotiations, the President may consider
    providing for appropriate compensation in cases where the United States
    is able to independently verify the adequacy of the sites where aliens
    will be imprisoned and the length of time the alien is actually
    incarcerated in the foreign country under such a treaty.
      (b) Certification.--The President shall submit to the Congress,
    annually, a certification as to whether each prisoner transfer treaty
    in force is effective in returning aliens unlawfully in the United
    States who have committed offenses for which they are incarcerated in
    the United States to their country of nationality for further
    incarceration.

    SEC. 361. CRIMINAL ALIEN IDENTIFICATION SYSTEM.

      (a) Operation and Purpose.--Subsection (a) of section 130002 of the
    Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-
    322) is amended to read as follows:
      ``(a) Operation and Purpose.--The Commissioner of Immigration and
    Naturalization shall, under the authority of section 242(a)(3)(A) of
    the Immigration and Nationality Act (8 U.S.C. 1252(a)(3)(A)), operate a
    criminal alien identification system. The criminal alien identification
    system shall be used to assist Federal, State, and local law
    enforcement agencies in identifying and locating aliens who may be
    subject to removal by reason of their conviction of aggravated
    felonies, subject to prosecution under section 275 of such Act, not
    lawfully present in the United States, or otherwise removable. Such
    system shall include providing for recording of fingerprint records of
    aliens who have been previously arrested and removed into appropriate
    automated fingerprint identification systems.''.
      (b) Identification of Criminal Aliens Unlawfully Present in the
    United States.--Upon the request of the governor or chief executive
    officer of any State, the Immigration and Naturalization Service shall
    provide assistance to State courts in the identification of aliens
    unlawfully present in the United States pending criminal prosecution.

    SEC. 362. WAIVER OF EXCLUSION AND DEPORTATION GROUND FOR CERTAIN
                        SECTION 274C VIOLATORS.

      (a) Exclusion Grounds.--Section 212 (8 U.S.C. 1182) is amended--
              (1) by amending subparagraph (F) of subsection (a)(6) to read
            as follows:
                      ``(F) Subject of civil penalty.--
                              ``(i) In general.--An alien who is the
                            subject of a final order for violation of
                            section 274C is inadmissible.
                              ``(ii) Waiver authorized.--For provision
                            authorizing waiver of clause (i), see
                            subsection (d)(12).''; and
              (2) by adding at the end of subsection (d) the following new
            paragraph:
      ``(12) The Attorney General may, in the discretion of the Attorney
    General for humanitarian purposes, to assure family unity, or when it
    is otherwise in the public interest, waive application of clause (i) of
    subsection (a)(6)(F)--
              ``(A) in the case of an alien lawfully admitted for permanent
            residence who temporarily proceeded abroad voluntarily and not
            under an order of deportation and who is otherwise admissible
            to the United States as a returning resident under section
            211(b), and
              ``(B) in the case of an alien seeking admission or adjustment
            of status under section 201(b)(2)(A) or under section 203(a),
    if the violation under section 274C was committed solely to assist,
    aid, or support the alien's spouse, parent, son, or daughter (and not
    another individual).''.
      (b) Ground of Deportation.--Subparagraph (C) of section 241(a)(3) (8
    U.S.C. 1251(a)(3)), before redesignation by section 305(a)(2), is
    amended to read as follows:
                      ``(C) Document fraud.--
                              ``(i) In general.--An alien who is the
                            subject of a final order for violation of
                            section 274C is deportable.
                              ``(ii) Waiver authorized.--The Attorney
                            General may waive clause (i) in the case of an
                            alien lawfully admitted for permanent residence
                            if the alien's civil money penalty under
                            section 274C was incurred solely to assist,
                            aid, or support the alien's spouse, parent,
                            son, or daughter (and no other individual).''.

    SEC. 363. AUTHORIZING REGISTRATION OF ALIENS ON CRIMINAL PROBATION OR
                        CRIMINAL PAROLE.

      Section 263(a) (8 U.S.C. 1303(a)) is amended by striking ``and (5)''
    and inserting ``(5) aliens who are or have been on criminal probation
    or criminal parole within the United States, and (6)''.

    SEC. 364. CONFIDENTIALITY PROVISION FOR CERTAIN ALIEN BATTERED SPOUSES
                        AND CHILDREN.

      (a) In General.--Except as provided in subsection (b), in no case may
    the Attorney General, or any other official or employee of the
    Department of Justice (including any bureau or agency of such
    Department)--
              (1) make an adverse determination of admissibility or
            deportability of an alien under the Immigration and Nationality
            Act using information furnished solely by--
                      (A) a spouse or parent who has battered the alien or
                    subjected the alien to extreme cruelty,
                      (B) a member of the spouse's or parent's family
                    residing in the same household as the alien who has
                    battered the alien or subjected the alien to extreme
                    cruelty when the spouse or parent consented to or
                    acquiesced in such battery or cruelty,
                      (C) a spouse or parent who has battered the alien's
                    child or subjected the alien's child to extreme cruelty
                    (without the active participation of the alien in the
                    battery or extreme cruelty), or
                      (D) a member of the spouse's or parent's family
                    residing in the same household as the alien who has
                    battered the alien's child or subjected the alien's
                    child to extreme cruelty when the spouse or parent
                    consented to or acquiesced in such battery or cruelty
                    and the alien did not actively participate in such
                    battery or cruelty,
            unless the alien has been convicted of a crime or crimes listed
            in section 241(a)(2) of the Immigration and Nationality Act; or
              (2) permit use by or disclosure to anyone (other than a sworn
            officer or employee of the Department, or bureau or agency
            thereof, for legitimate Department, bureau, or agency purposes)
            of any information which relates to an alien who is the
            beneficiary of an application for relief under clause (iii) or
            (iv) of section 204(a)(1)(A), clause (ii) or (iii) of section
            204(a)(1)(B), section 216(c)(4)(C), or section 244(a)(3) of
            such Act as an alien (or the parent of a child) who has been
            battered or subjected to extreme cruelty.
    The limitation under paragraph (2) ends when the application for relief
    is denied and all opportunities for appeal of the denial have been
    exhausted.
      (b) Exceptions.--
              (1) The Attorney General may provide, in the Attorney
            General's discretion, for the disclosure of information in the
            same manner and circumstances as census information may be
            disclosed by the Secretary of Commerce under section 8 of title
            13, United States Code.
              (2) The Attorney General may provide in the discretion of the
            Attorney General for the disclosure of information to law
            enforcement officials to be used solely for a legitimate law
            enforcement purpose.
              (3) Subsection (a) shall not be construed as preventing
            disclosure of information in connection with judicial review of
            a determination in a manner that protects the confidentiality
            of such information.
              (4) Subsection (a)(2) shall not apply if all the battered
            individuals in the case are adults and they have all waived the
            restrictions of such subsection.
      (c) Penalties for Violations.--Anyone who uses, publishes, or permits
    information to be disclosed in violation of this section shall be fined
    in accordance with title 18, United States Code, or imprisoned not more
    than 5 years, or both.

            TITLE IV--ENFORCEMENT OF RESTRICTIONS AGAINST EMPLOYMENT

    SEC. 401. STRENGTHENED ENFORCEMENT OF THE EMPLOYER SANCTIONS
                        PROVISIONS.

      (a) In General.--The number of full-time equivalent positions in the
    Investigations Division within the Immigration and Naturalization
    Service of the Department of Justice beginning in fiscal year 1996
    shall be increased by 350 positions above the number of full-time
    equivalent positions available to such Division as of September 30,
    1994.
      (b) Assignment.--Individuals employed to fill the additional
    positions described in subsection (a) shall be assigned to investigate
    violations of the employer sanctions provisions contained in section
    274A of the Immigration and Nationality Act, including investigating
    reports of violations received from officers of the Employment
    Standards Administration of the Department of Labor.

    SEC. 402. STRENGTHENED ENFORCEMENT OF WAGE AND HOUR LAWS.

      (a) In General.--The number of full-time equivalent positions in the
    Wage and Hour Division with the Employment Standards Administration of
    the Department of Labor beginning in fiscal year 1996 shall be
    increased by 150 positions above the number of full-time equivalent
    positions available to the Wage and Hour Division as of September 30,
    1994.
      (b) Assignment.--Individuals employed to fill the additional
    positions described in subsection (a) shall be assigned to investigate
    violations of wage and hour laws in areas where the Attorney General
    has notified the Secretary of Labor that there are high concentrations
    of undocumented aliens.

    SEC. 403. CHANGES IN THE EMPLOYER SANCTIONS PROGRAM.

      (a) Reducing the Number of Documents Accepted for Employment
    Verification.--Section 274A(b) (8 U.S.C. 1324a(b)) is amended--
              (1) in paragraph (1)(B)--
                      (A) by adding ``or'' at the end of clause (i),
                      (B) by striking clauses (ii) through (iv), and
                      (C) in clause (v), by striking ``or other alien
                    registration card, if the card'' and inserting ``,
                    alien registration card, or other document designated
                    by regulation by the Attorney General, if the
                    document'' and redesignating such clause as clause
                    (ii);
              (2) by amending subparagraph (C) of paragraph (1) to read as
            follows:
                      ``(C) Social security account number card as evidence
                    of employment authorization.--A document described in
                    this subparagraph is an individual's social security
                    account number card (other than such a card which
                    specifies on the face that the issuance of the card
                    does not authorize employment in the United States).'';
                    and
              (3) by amending paragraph (2) to read as follows:
              ``(2) Individual attestation of employment authorization and
            provision of social security account number.--The individual
            must--
                      ``(A) attest, under penalty of perjury on the form
                    designated or established for purposes of paragraph
                    (1), that the individual is a citizen or national of
                    the United States, an alien lawfully admitted for
                    permanent residence, or an alien who is authorized
                    under this Act or by the Attorney General to be hired,
                    recruited, or referred for such employment; and
                      ``(B) provide on such form the individual's social
                    security account number.''.
      (b) Employment Eligibility Confirmation Process.--Section 274A (8
    U.S.C. 1324a) is amended--
              (1) in subsection (a)(3), by inserting ``(A)'' after
            ``Defense.--'', and by adding at the end the following:
              ``(B) Failure to seek and obtain confirmation.--Subject to
            subsection (b)(7), in the case of a hiring of an individual for
            employment in the United States by a person or entity that
            employs more than 3 employees, the following rules apply:
                      ``(i) Failure to seek confirmation.--
                              ``(I) In general.--If the person or entity
                            has not made an inquiry, under the mechanism
                            established under subsection (b)(6), seeking
                            confirmation of the identity, social security
                            number, and work eligibility of the individual,
                            by not later than the end of 3 working days (as
                            specified by the Attorney General) after the
                            date of the hiring, the defense under
                            subparagraph (A) shall not be considered to
                            apply with respect to any employment after such
                            3 working days, except as provided in subclause
                            (II).
                              ``(II) Special rule for failure of
                            confirmation mechanism.--If such a person or
                            entity in good faith attempts to make an
                            inquiry during such 3 working days in order to
                            qualify for the defense under subparagraph (A)
                            and the confirmation mechanism has registered
                            that not all inquiries were responded to during
                            such time, the person or entity can make an
                            inquiry in the first subsequent working day in
                            which the confirmation mechanism registers no
                            nonresponses and qualify for the defense.
                      ``(ii) Failure to obtain confirmation.--If the person
                    or entity has made the inquiry described in clause
                    (i)(I) but has not received an appropriate confirmation
                    of such identity, number, and work eligibility under
                    such mechanism within the time period specified under
                    subsection (b)(6)(D)(iii) after the time the
                    confirmation inquiry was received, the defense under
                    subparagraph (A) shall not be considered to apply with
                    respect to any employment after the end of such time
                    period.'';
              (2) by amending paragraph (3) of subsection (b) to read as
            follows:
              ``(3) Retention of verification form and confirmation.--After
            completion of such form in accordance with paragraphs (1) and
            (2), the person or entity must--
                      ``(A) retain the form and make it available for
                    inspection by officers of the Service, the Special
                    Counsel for Immigration-Related Unfair Employment
                    Practices, or the Department of Labor during a period
                    beginning on the date of the hiring, recruiting, or
                    referral of the individual and ending--
                              ``(i) in the case of the recruiting or
                            referral for a fee (without hiring) of an
                            individual, three years after the date of the
                            recruiting or referral, and
                              ``(ii) in the case of the hiring of an
                            individual--
                                      ``(I) three years after the date of
                                    such hiring, or
                                      ``(II) one year after the date the
                                    individual's employment is terminated,
                            whichever is later; and
                      ``(B) subject to paragraph (7), if the person employs
                    more than 3 employees, seek to have (within 3 working
                    days of the date of hiring) and have (within the time
                    period specified under paragraph (6)(D)(iii)) the
                    identity, social security number, and work eligibility
                    of the individual confirmed in accordance with the
                    procedures established under paragraph (6), except that
                    if the person or entity in good faith attempts to make
                    an inquiry in accordance with the procedures
                    established under paragraph (6) during such 3 working
                    days in order to fulfill the requirements under this
                    subparagraph, and the confirmation mechanism has
                    registered that not all inquiries were responded to
                    during such time, the person or entity shall make an
                    inquiry in the first subsequent working day in which
                    the confirmation mechanism registers no
                    nonresponses.''; and
              (3) by adding at the end of subsection (b) the following new
            paragraphs:
              ``(6) Employment eligibility confirmation process.--
                      ``(A) In general.--Subject to paragraph (7), the
                    Attorney General shall establish a confirmation
                    mechanism through which the Attorney General (or a
                    designee of the Attorney General which may include a
                    nongovernmental entity)--
                              ``(i) responds to inquiries by employers,
                            made through a toll-free telephone line or
                            other electronic media in the form of an
                            appropriate confirmation code or otherwise, on
                            whether an individual is authorized to be
                            employed by that employer, and
                              ``(ii) maintains a record that such an
                            inquiry was made and the confirmation provided
                            (or not provided).
                      ``(B) Expedited procedure in case of no
                    confirmation.--In connection with subparagraph (A), the
                    Attorney General shall establish, in consultation with
                    the Commissioner of Social Security and the
                    Commissioner of the Service, expedited procedures that
                    shall be used to confirm the validity of information
                    used under the confirmation mechanism in cases in which
                    the confirmation is sought but is not provided through
                    the confirmation mechanism.
                      ``(C) Design and operation of mechanism.--The
                    confirmation mechanism shall be designed and operated--
                              ``(i) to maximize the reliability of the
                            confirmation process, and the ease of use by
                            employers, recruiters, and referrers,
                            consistent with insulating and protecting the
                            privacy and security of the underlying
                            information, and
                              ``(ii) to respond to all inquiries made by
                            employers on whether individuals are authorized
                            to be employed by those employers, recruiters,
                            or referrers registering all times when such
                            response is not possible.
                      ``(D) Confirmation process.--(i) As part of the
                    confirmation mechanism, the Commissioner of Social
                    Security shall establish a reliable, secure method,
                    which within the time period specified under clause
                    (iii), compares the name and social security account
                    number provided against such information maintained by
                    the Commissioner in order to confirm (or not confirm)
                    the validity of the information provided and whether
                    the individual has presented a social security account
                    number that is not valid for employment. The
                    Commissioner shall not disclose or release social
                    security information.
                      ``(ii) As part of the confirmation mechanism, the
                    Commissioner of the Service shall establish a reliable,
                    secure method, which, within the time period specified
                    under clause (iii), compares the name and alien
                    identification number (if any) provided against such
                    information maintained by the Commissioner in order to
                    confirm (or not confirm) the validity of the
                    information provided and whether the alien is
                    authorized to be employed in the United States.
                      ``(iii) For purposes of this section, the Attorney
                    General (or a designee of the Attorney General) shall
                    provide through the confirmation mechanism confirmation
                    or a tentative nonconfirmation of an individual's
                    employment eligibility within 3 working days of the
                    initial inquiry. In cases of tentative nonconfirmation,
                    the Attorney General shall specify, in consultation
                    with the Commissioner of Social Security and the
                    Commissioner of the Service, an expedited time period
                    not to exceed 10 working days within which final
                    confirmation or denial must be provided through the
                    confirmation mechanism in accordance with the
                    procedures under subparagraph (B).
                      ``(iv) The Commissioners shall update their
                    information in a manner that promotes the maximum
                    accuracy and shall provide a process for the prompt
                    correction of erroneous information.
                      ``(E) Protections.--(i) In no case shall an
                    individual be denied employment because of inaccurate
                    or inaccessible data under the confirmation mechanism.
                      ``(ii) The Attorney General shall assure that there
                    is a timely and accessible process to challenge
                    nonconfirmations made through the mechanism.
                      ``(iii) If an individual would not have been
                    dismissed from a job but for an error of the
                    confirmation mechanism, the individual will be entitled
                    to compensation through the mechanism of the Federal
                    Tort Claims Act.
                      ``(F) Tester program.--As part of the confirmation
                    mechanism, the Attorney General shall implement a
                    program of testers and investigative activities
                    (similar to testing and other investigative activities
                    assisted under the fair housing initiatives program
                    under section 561 of the Housing and Community
                    Development Act of 1987 to enforce rights under the
                    Fair Housing Act) in order to monitor and prevent
                    unlawful discrimination under the mechanism.
                      ``(G) Protection from liability for actions taken on
                    the basis of information provided by the employment
                    eligibility confirmation mechanism.--No person shall be
                    civilly or criminally liable for any action taken in
                    good faith reliance on information provided through the
                    employment eligibility confirmation mechanism
                    established under this paragraph (including any pilot
                    program established under paragraph (7)).
              ``(7) Application of confirmation mechanism through pilot
            projects.--
                      ``(A) In general.--Subsection (a)(3)(B) and paragraph
                    (3) shall only apply to individuals hired if they are
                    covered under a pilot project established under this
                    paragraph.
                      ``(B) Undertaking pilot projects.--For purposes of
                    this paragraph, the Attorney General shall undertake
                    pilot projects for all employers in at least 5 of the 7
                    States with the highest estimated population of
                    unauthorized aliens, in order to test and assure that
                    the confirmation mechanism described in paragraph (6)
                    is reliable and easy to use. Such projects shall be
                    initiated not later than 6 months after the date of the
                    enactment of this paragraph. The Attorney General,
                    however, shall not establish such mechanism in other
                    States unless Congress so provides by law. The pilot
                    projects shall terminate on such dates, not later than
                    October 1, 1999, as the Attorney General determines. At
                    least one such pilot project shall be carried out
                    through a nongovernmental entity as the confirmation
                    mechanism.
              ``(C) Report.--The Attorney General shall submit to the
            Congress annual reports in 1997, 1998, and 1999 on the
            development and implementation of the confirmation mechanism
            under this paragraph. Such reports may include an analysis of
            whether the mechanism implemented--
                      ``(i) is reliable and easy to use;
                      ``(ii) limits job losses due to inaccurate or
                    unavailable data to less than 1 percent;
                      ``(iii) increases or decreases discrimination;
                      ``(iv) protects individual privacy with appropriate
                    policy and technological mechanisms; and
                      ``(v) burdens individual employers with costs or
                    additional administrative requirements.''.
      (c) Reduction of Paperwork for Certain Employees.--Section 274A(a) (8
    U.S.C. 1324a(a)) is amended by adding at the end the following new
    paragraph:
              ``(6) Treatment of documentation for certain employees.--
                      ``(A) In general.--For purposes of paragraphs (1)(B)
                    and (3), if--
                              ``(i) an individual is a member of a
                            collective-bargaining unit and is employed,
                            under a collective bargaining agreement entered
                            into between one or more employee organizations
                            and an association of two or more employers, by
                            an employer that is a member of such
                            association, and
                              ``(ii) within the period specified in
                            subparagraph (B), another employer that is a
                            member of the association (or an agent of such
                            association on behalf of the employer) has
                            complied with the requirements of subsection
                            (b) with respect to the employment of the
                            individual,
                    the subsequent employer shall be deemed to have
                    complied with the requirements of subsection (b) with
                    respect to the hiring of the employee and shall not be
                    liable for civil penalties described in subsection
                    (e)(5).
                      ``(B) Period.--The period described in this
                    subparagraph is--
                              ``(i) up to 5 years in the case of an
                            individual who has presented documentation
                            identifying the individual as a national of the
                            United States or as an alien lawfully admitted
                            for permanent residence; or
                              ``(ii) up to 3 years (or, if less, the period
                            of time that the individual is authorized to be
                            employed in the United States) in the case of
                            another individual.
                      ``(C) Liability.--
                              ``(i) In general.--If any employer that is a
                            member of an association hires for employment
                            in the United States an individual and relies
                            upon the provisions of subparagraph (A) to
                            comply with the requirements of subsection (b)
                            and the individual is an unauthorized alien,
                            then for the purposes of paragraph (1)(A),
                            subject to clause (ii), the employer shall be
                            presumed to have known at the time of hiring or
                            afterward that the individual was an
                            unauthorized alien.
                              ``(ii) Rebuttal of presumption.--The
                            presumption established by clause (i) may be
                            rebutted by the employer only through the
                            presentation of clear and convincing evidence
                            that the employer did not know (and could not
                            reasonably have known) that the individual at
                            the time of hiring or afterward was an
                            unauthorized alien.''.
      (d) Elimination of Dated Provisions.--Section 274A (8 U.S.C. 1324a)
    is amended by striking subsections (i) through (n).
      (e) Effective Dates.--
              (1) Except as provided in this subsection, the amendments
            made by this section shall apply with respect to hiring (or
            recruiting or referring) occurring on or after such date (not
            later than 180 days after the date of the enactment of this
            Act) as the Attorney General shall designate.
              (2) The amendments made by subsections (a)(1) and (a)(2)
            shall apply with respect to the hiring (or recruiting or
            referring) occurring on or after such date (not later than 18
            months after the date of the enactment of this Act) as the
            Attorney General shall designate.
              (3) The amendment made by subsection (c) shall apply to
            individuals hired on or after 60 days after the date of the
            enactment of this Act.
              (4) The amendment made by subsection (d) shall take effect on
            the date of the enactment of this Act.
              (5) Not later than 180 days after the date of the enactment
            of this Act, the Attorney General shall issue regulations which
            shall provide for the electronic storage of forms I-9, in
            satisfaction of the requirements of section 274A(b)(3) of the
            Immigration and Nationality Act as amended by this Act.

    SEC. 404. REPORTS ON EARNINGS OF ALIENS NOT AUTHORIZED TO WORK.

      Subsection (c) of section 290 (8 U.S.C. 1360) is amended to read as
    follows:
      ``(c)(1) Not later than 3 months after the end of each fiscal year
    (beginning with fiscal year 1995), the Commissioner of Social Security
    shall report to the Committees on the Judiciary of the House of
    Representatives and the Senate on the aggregate number of social
    security account numbers issued to aliens not authorized to be employed
    to which earnings were reported to the Social Security Administration
    in such fiscal year.
      ``(2) If earnings are reported on or after January 1, 1996, to the
    Social Security Administration on a social security account number
    issued to an alien not authorized to work in the United States, the
    Commissioner of Social Security shall provide the Attorney General with
    information regarding the name and address of the alien, the name and
    address of the person reporting the earnings, and the amount of the
    earnings. The information shall be provided in an electronic form
    agreed upon by the Commissioner and the Attorney General.''.

    SEC. 405. AUTHORIZING MAINTENANCE OF CERTAIN INFORMATION ON ALIENS.

      Section 264 (8 U.S.C. 1304) is amended by adding at the end the
    following new subsection:
      ``(f) Notwithstanding any other provision of law, the Attorney
    General is authorized to require any alien to provide the alien's
    social security account number for purposes of inclusion in any record
    of the alien maintained by the Attorney General or the Service.''.

    SEC. 406. LIMITING LIABILITY FOR CERTAIN TECHNICAL VIOLATIONS OF
                        PAPERWORK REQUIREMENTS.

      (a) In General.--Section 274A(e)(1) (8 U.S.C. 1324a(e)(1)) is
    amended--
              (1) by striking ``and'' at the end of subparagraph (C),
              (2) by striking the period at the end of subparagraph (D) and
            inserting ``, and'', and
              (3) by adding at the end the following new subparagraph:
                      ``(E) under which a person or entity shall not be
                    considered to have failed to comply with the
                    requirements of subsection (b) based upon a technical
                    or procedural failure to meet a requirement of such
                    subsection in which there was a good faith attempt to
                    comply with the requirement unless (i) the Service (or
                    another enforcement agency) has explained to the person
                    or entity the basis for the failure, (ii) the person or
                    entity has been provided a period of not less than 10
                    business days (beginning after the date of the
                    explanation) within which to correct the failure, and
                    (iii) the person or entity has not corrected the
                    failure voluntarily within such period, except that
                    this subparagraph shall not apply with respect to the
                    engaging by any person or entity of a pattern or
                    practice of violations of subsection (a)(1)(A) or
                    (a)(2).''.
      (b) Effective Date.--The amendments made by subsection (a) shall
    apply to failures occurring on or after the date of the enactment of
    this Act.

    SEC. 407. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.

      (a) Requiring Certain Remedies in Unfair Immigration-Related
    Discrimination Orders.--Section 274B(g)(2) (8 U.S.C. 1324b(g)(2)) is
    amended--
              (1) in subparagraph (A), by adding at the end the following:
            ``Such order also shall require the person or entity to comply
            with the requirements of clauses (ii) and (vi) of subparagraph
            (B).'';
              (2) in subparagraph (B), by striking ``Such an order'' and
            inserting ``Subject to the second sentence of subparagraph (A),
            such an order''; and
              (3) in subparagraph (B)(vi), by inserting before the
            semicolon at the end the following: ``and to certify the fact
            of such education''.
      (b) Treatment of Certain Documentary Practice as Employment
    Practices.--Section 274B(a)(6) (8 U.S.C. 1324b(a)(6)) is amended--
              (1) by striking ``For'' and inserting ``(A) Subject to
            subparagraph (B), for'', and
              (2) by adding at the end the following new subparagraph:
              ``(B) A person or other entity--
                      ``(i) may request a document proving a renewal of
                    employment authorization when an individual has
                    previously submitted a time-limited document to satisfy
                    the requirements of section 274A(b)(1); or
                      ``(ii) if possessing reason to believe that an
                    individual presenting a document which reasonably
                    appears on its face to be genuine is nonetheless an
                    unauthorized alien, may (I) inform the individual of
                    the question about the document's validity, and of such
                    person or other entity's intention to verify the
                    validity of such document, and (II) upon receiving
                    confirmation that the individual is unauthorized to
                    work, may dismiss the individual with no benefits or
                    rights accruing on the basis of the period employed.
            Nothing in this provision prohibits an individual from offering
            alternative documents that satisfy the requirements of section
            274A(b)(1).''.
      (c) Effective Date.--The amendments made by subsection (a) shall
    apply to orders issued on or after the first day of the first month
    beginning at least 90 days after the date of the enactment of this Act.

                  TITLE V--REFORM OF LEGAL IMMIGRATION SYSTEM

    SEC. 500. OVERVIEW OF NEW LEGAL IMMIGRATION SYSTEM.

      This title amends the legal immigration provisions of the Immigration
    and Nationality Act so as to provide for the following (beginning with
    fiscal year 1997):
              (1) Division of immigration among 3 categories.--There will
            be a worldwide level of immigration of approximately 562,000,
            divided among--
                      (A) family-sponsored immigrants, with a worldwide
                    annual numerical limitation (after a transition) of
                    approximately 330,000,
                      (B) employment-based immigrants, with a worldwide
                    annual numerical limitation of 135,000,
                      (C) diversity immigrants, with a worldwide annual
                    numerical limitation of 27,000, and
                      (D) humanitarian immigrants, with a worldwide annual
                    numerical limitation (after a transition) of
                    approximately 70,000.
            Congress is required to reevaluate and reauthorize these
            numbers every 5 years.
              (2) Family-sponsored immigrants.--
                      (A) Categories.--Family-sponsored immigrants are (i)
                    spouses and children of citizens, (ii) spouses and
                    children of permanent resident aliens, (iii) parents of
                    adult United States citizens if the parents meet
                    certain insurance requirements, and (iv) sons or
                    daughters of United States citizens or sons or
                    daughters of permanent resident aliens who have never
                    been married, are childless, but for the residence
                    requirements would qualify as dependents for Federal
                    income tax purposes, and are at least 21 but not more
                    than 25 years of age.
                      (B) Numerical limitations.--
                              (i) There will be no direct numerical limit
                            on admission of spouses and children of United
                            States citizens.
                              (ii) The annual numerical limit on admission
                            of spouses and children of permanent residents
                            will not be below 85,000.
                              (iii) The annual numerical limit on admission
                            of parents of United States citizens will not
                            be below 25,000.
              (3) Employment-based immigrants.--Employment-based immigrants
            will fall within the following categories and numerical
            limitations:
                      (A) Extraordinary immigrants.--First, aliens with
                    extraordinary ability, up to 15,000 each year.
                      (B) Outstanding professors and researchers and
                    multinational executives.--Second, aliens who are
                    outstanding professors and researchers or multinational
                    executives or managers, up to 30,000 each year, plus
                    any left from the previous category.
                      (C) Professionals with advanced degrees or
                    exceptional ability aliens.--Third, aliens who are
                    members of the professions holding advanced degrees or
                    who have exceptional ability, up to 30,000 each year,
                    plus any left from the previous categories.
                      (D) Other professionals and skilled workers.--Fourth,
                    aliens who are skilled workers with at least 4 years of
                    training and work experience or are professionals with
                    a baccalaureate degree and at least 2 years'
                    experience, up to 45,000 each year, plus any left from
                    the previous categories.
                      (E) Investors.--Fifth, aliens who are investing at
                    least $1,000,000 in enterprises in the United States
                    that will employ at least 10 workers, up to 10,000 each
                    year (with a 2-year pilot program for those investing
                    at least $500,000 in enterprises employing at least 5
                    workers).
                      (F) Certain special immigrants.--Lastly, aliens who
                    fall within certain classes of special immigrants (such
                    as religious ministers, aliens who have worked for the
                    Government abroad, certain long-term alien employees of
                    international organizations, certain dependent
                    juveniles, and certain long-term alien members of the
                    Armed Forces), up to 5,000 each year.
              (4) Diversity immigrants.--Diversity immigrants are chosen
            from the 10 countries in each region with the highest demand
            for diversity visas by random selection.
              (5) Humanitarian immigrants.--Humanitarian immigrants will
            fall within the following categories and numerical limitations:
                      (A) Refugees.--Refugees, subject to a numerical
                    limitation (after a transition and excluding emergency
                    refugees) of 50,000 or such higher number as the
                    Congress may provide by law.
                      (B) Asylees.--Aliens seeking asylum, subject to no
                    numerical limitation in any year. As under current law,
                    asylees may adjust to permanent residence status at a
                    rate of up to 10,000 each year.
                      (C) Other humanitarian immigrants.--Other immigrants
                    who are of special humanitarian concern to the United
                    States, up to 10,000 each year.
              (6) Transition.--
                      (A) Additional visa numbers for spouses and minor,
                    unmarried children of permanent resident aliens.--In
                    order to reduce the current backlog for spouses and
                    minor, unmarried children of lawful permanent
                    residents, there will be at least an additional 50,000
                    immigrant visa numbers made available for these aliens
                    for each of 5 fiscal years, with priority for spouses
                    and children of aliens who did not participate in a
                    legalization program.
                      (B) Phase-down in normal flow refugee numerical
                    limitation.--The annual numerical limitation on non-
                    emergency refugees (without specific approval of
                    Congress) will be phased down to 75,000 in fiscal year
                    1997 and 50,000 in fiscal year 1998 and thereafter.

                     Subtitle A--Worldwide Numerical Limits

    SEC. 501. WORLDWIDE NUMERICAL LIMITATION ON FAMILY-SPONSORED
                        IMMIGRANTS.

      (a) Overview.--
              (1) The amendment made by subsection (b) provides for a
            worldwide level of family-sponsored immigrants of 330,000 less
            the number of spouses and children of citizens admitted in the
            previous year.
              (2) However, there will be no limit on spouses and children
            of citizens, nor would the number of visas available to spouses
            and children of lawful permanent residents go below 85,000, nor
            would the number of visas available to parents of citizens go
            below 25,000.
              (3) Any excess in family immigration above 330,000 would come
            from other unused visas and, if necessary, from future visa
            numbers.
              (4) If there are any remaining family visas, these visas
            would be added to the visas made available to spouses and
            children of lawful permanent resident aliens.
      (b) Amendment.--Subsection (c) of section 201 (8 U.S.C. 1151) is
    amended to read as follows:
      ``(c) Worldwide Level of Family-Sponsored Immigrants.--
              ``(1) In general.--Subject to the succeeding provisions of
            this subsection, the worldwide level of family-sponsored
            immigrants under this subsection (in this subsection referred
            to as the `worldwide family level') for a fiscal year is
            330,000.
              ``(2) Reduction for spouses and children of united states
            citizens and certain other family-related immigrants.--The
            worldwide family level for a fiscal year shall be reduced (but
            not below a number sufficient to provide for the minimum visa
            numbers described in paragraph (4)) by the number of aliens
            described in subsection (b)(2) who were issued immigrant visas
            or who otherwise acquired the status of aliens lawfully
            admitted to the United States for permanent residence in the
            previous fiscal year.
              ``(3) Further reduction for any previous excess family
            immigration.--
                      ``(A) In general.--If there are excess family
                    admissions in a particular fiscal year (as determined
                    under subparagraph (B)) beginning with fiscal year
                    1997, then for the following fiscal year the worldwide
                    family level shall be reduced (but not below a number
                    sufficient to provide for the minimum visa numbers
                    described in paragraph (4)) by the net number of excess
                    admissions in that particular fiscal year (as defined
                    in subparagraph (C)).
                      ``(B) Determination of excess family admissions.--For
                    purposes of subparagraph (A), there are excess family
                    admissions in a fiscal year if--
                              ``(i) the number of aliens who are issued
                            immigrant visas or who otherwise acquire the
                            status of aliens lawfully admitted to the
                            United States for permanent residence under
                            section 203(a) or subsection (b)(2) in a fiscal
                            year, exceeds
                              ``(ii) 330,000, less the carryforward number
                            of excess admissions for the previous fiscal
                            year (as defined in subparagraph (D)).
                    For purposes of this subparagraph, immigrant visa
                    numbers issued under section 553 of the Immigration in
                    the National Interest Act of 1995 (relating to certain
                    transition immigrants) shall not be counted under
                    clause (i).
                      ``(C) Net number of excess admissions.--For purposes
                    of subparagraph (A), the `net number of excess
                    admissions' for a fiscal year is--
                              ``(i) the excess described in subparagraph
                            (B) for the fiscal year, reduced (but not below
                            zero) by
                              ``(ii) the number (if any) by which the
                            worldwide level under subsection (d) for the
                            previous fiscal year exceeds the number of
                            immigrants who are issued immigrant visas or
                            who otherwise acquire the status of aliens
                            lawfully admitted to the United States for
                            permanent residence under section 203(b) in
                            that previous fiscal year.
                      ``(D) Carryforward number of excess admissions.--For
                    purposes of subparagraph (B)(ii), the carryforward
                    number of excess admissions for a particular fiscal
                    year is the net number of excess admissions for the
                    previous fiscal year (as defined in subparagraph (C)),
                    reduced by the reductions effected under subparagraph
                    (A) and paragraph (5) in visa numbers for the
                    particular fiscal year.
              ``(4) No reduction in number of spouses and children of
            lawful permanent residents or parents of united states
            citizens.--
                      ``(A) Spouses and children of lawful permanent
                    residents.--Any reductions in the worldwide family
                    level for a fiscal year under paragraph (2) or (3)
                    shall not reduce the number of visas available to
                    spouses and children of lawful permanent residents
                    below 85,000.
                      ``(B) Parents of united states citizens.--Any
                    reductions in the worldwide family level for a fiscal
                    year under paragraph (2) or (3) shall not reduce the
                    number of visas available to parents of United States
                    citizens below 25,000.
              ``(5) Adjustment in certain employment-based visa numbers in
            case of remaining excess family admissions.--
                      ``(A) In general.--If there is a remaining excess
                    number of family admissions (as described in
                    subparagraph (B)) in a fiscal year (beginning with
                    fiscal year 1997) that is greater than zero, then for
                    the following fiscal year there shall be reductions in
                    immigrant visa numbers made available under subsection
                    (d) and section 203(b)(4) by the lesser of--
                              ``(i) the remaining excess number of family
                            admissions (described in subparagraph (B)), or
                              ``(ii) \1/2\ of the maximum number of visa
                            numbers that could (but for this paragraph)
                            otherwise be made available under section
                            203(b)(5) in such following fiscal year.
                      ``(B) Remaining excess number of family admissions
                    described.--For purposes of subparagraph (A), the
                    `remaining excess number of family admissions' in a
                    fiscal year is the net number of excess admissions for
                    the fiscal year (as defined in paragraph (3)(C)),
                    reduced by the reduction (if any) effected under
                    paragraph (3) in visa numbers for the succeeding fiscal
                    year.''.

    SEC. 502. WORLDWIDE NUMERICAL LIMITATION ON EMPLOYMENT-BASED
                        IMMIGRANTS.

      Subsection (d) of section 201 (8 U.S.C. 1151) is amended to read as
    follows:
      ``(d) Worldwide Level of Employment-Based Immigrants.--The worldwide
    level of employment-based immigrants under this subsection for a fiscal
    year is--
              ``(1) 135,000, minus
              ``(2) beginning with fiscal year 1998, the total of the
            reductions (if any) in visa numbers under section 203(a)(3)(C)
            made for the fiscal year pursuant to subsection (c)(5) and in
            visa numbers under this subsection for the fiscal year pursuant
            to section 203(a)(3)(B)(ii)(II).''.

    SEC. 503. WORLDWIDE NUMERICAL LIMITATION ON DIVERSITY IMMIGRANTS.

      Subsection (e) of section 201 (8 U.S.C. 1151) is amended to read as
    follows:
      ``(e) Worldwide Level of Diversity Immigrants.--The worldwide level
    of diversity immigrants is equal to 27,000 for each fiscal year.''.

    SEC. 504. ESTABLISHMENT OF NUMERICAL LIMITATION ON HUMANITARIAN
                        IMMIGRANTS.

      (a) In General.--Section 201 (8 U.S.C. 1151) is amended--
              (1) in subsection (a)--
                      (A) by striking ``and'' at the end of paragraph (2),
                      (B) by striking the period at the end of paragraph
                    (3) and inserting ``; and'', and
                      (C) by adding at the end the following new paragraph:
              ``(4) for fiscal years beginning with fiscal year 1997,
            humanitarian immigrants described in section 203(e) (or who are
            admitted under section 211(a) on the basis of a prior issuance
            of a visa to their accompanying parent under section 203(e)) in
            a number not to exceed in any fiscal year the number specified
            in subsection (f) for that year, and not to exceed in any of
            the first 3 quarters of any fiscal year 27 percent of the
            worldwide level under such subsection for all of such fiscal
            year.''; and
              (2) by adding at the end the following new subsection:
      ``(f) Worldwide Level of Humanitarian Immigrants.--
              ``(1) In general.--Subject to the succeeding provisions of
            this subsection, the worldwide level of humanitarian immigrants
            (in this subsection referred to as the `worldwide humanitarian
            level') under this subsection for a fiscal year is equal to
            70,000.
              ``(2) Reduction for humanitarian immigrants who are refugees
            or asylees.--The worldwide humanitarian level for a fiscal year
            shall be reduced by the sum of--
                      ``(A) 50,000, or, if less, the number of aliens who
                    were admitted as refugees under section 207 in the
                    previous fiscal year, and
                      ``(B) the number of aliens who had been granted
                    asylum whose status was adjusted in the previous fiscal
                    year under section 209(b).
              ``(3) Reduction for prior year cancellation of removal and
            registry.--The worldwide humanitarian level for a fiscal year
            shall be further reduced by the sum of--
                      ``(A) the number of aliens whose removal was canceled
                    and who were provided lawful permanent resident status
                    in the previous fiscal year under section 240A, and
                      ``(B) the number of aliens who were provided
                    permanent resident status in the previous fiscal year
                    under section 249.
              ``(4) Limitation.--In no case shall the worldwide
            humanitarian level for a fiscal year (taking into account any
            reductions under paragraphs (2) and (3)) exceed 10,000.''.
      (b) Transition.--In determining the worldwide humanitarian level
    under section 201(f) of the Immigration and Nationality Act for fiscal
    year 1997, the reference in paragraph (3)(A) of such section to
    `section 240A' is deemed a reference to `section 244(a)'.

    SEC. 505. REQUIRING CONGRESSIONAL REVIEW AND REAUTHORIZATION OF
                        WORLDWIDE LEVELS EVERY 5 YEARS.

      Section 201 (8 U.S.C. 1151) is further amended by adding at the end
    the following new subsection:
      ``(g) Requirement for Periodic Review and Reauthorization of
    Worldwide Levels.--
              ``(1) Congressional review.--The Committees on the Judiciary
            of the House of Representatives and of the Senate shall
            undertake during fiscal year 2004 (and each fifth fiscal year
            thereafter) a thorough review of the appropriate worldwide
            levels of immigration to be provided under this section during
            the 5-fiscal-year period beginning with the second subsequent
            fiscal year.
              ``(2) Congressional reauthorization.--The Congress, after
            consideration of the reviews under paragraph (1) and by
            amendment to this section, shall specify the appropriate
            worldwide levels of immigration to be provided under this
            section during the 5-fiscal-year period beginning with the
            second subsequent fiscal year.
              ``(3) Sunset in absence of reauthorization.--The worldwide
            levels specified under the previous provisions of this section
            are applicable only to fiscal years 1997 through 2005.
            Immigrant visa numbers for fiscal years after fiscal year 2005
            that are subject to such levels are only authorized to the
            extent provided by amendment under paragraph (2) made to this
            section.''.

                    Subtitle B--Changes in Preference System

    SEC. 511. LIMITATION OF IMMEDIATE RELATIVES TO SPOUSES AND CHILDREN.

      (a) Reclassification.--Section 201(b)(2)(A) (8 U.S.C. 1151(b)(2)(A))
    is amended--
              (1) in clause (i)--
                      (A) by striking ``Immediate relatives.--'' and all
                    that follows through the end of the first sentence and
                    inserting ``An alien who is a spouse or child of a
                    citizen of the United States.'', and
                      (B) in the second sentence, by striking ``an
                    immediate relative'' and inserting ``a spouse of a
                    citizen of the United States''; and
              (2) in clause (ii), by striking ``such an immediate
            relative'' and inserting ``a spouse of a citizen of the United
            States''.
      (b) Protection of Certain Children from Aging Out of Preference
    Status.--
              (1) In general.--Section 204 (8 U.S.C. 1154) is amended by
            adding at the end the following new subsection:
      ``(i) For purposes of applying section 101(b)(1) in the case of
    issuance of an immigrant visa to, or admission or adjustment of status
    of, an alien under section 201(b)(2)(A), section 203(a)(1), or 203(e)
    as a child of a citizen of the United States or a permanent resident
    alien, the age of the alien shall be determined as of the date of the
    filing of the classification petition under section 204(a)(1) as such a
    child of a citizen of the United States or a permanent resident
    alien.''.
              (2) Effective date.--The amendment made by paragraph (1)
            shall apply to immigrant visas issued on or after October 1,
            1996.

    SEC. 512. CHANGE IN FAMILY-SPONSORED CLASSIFICATION.

      (a) In General.--Section 203(a) (8 U.S.C. 1153(a)) is amended by
    striking paragraphs (1) through (4) and inserting the following:
              ``(1) Spouses and children of lawful permanent resident
            aliens.--Immigrants who are the spouses and children of an
            alien lawfully admitted for permanent residence shall be
            allocated visas in a number not to exceed 85,000, plus any
            immigrant visas not used under paragraphs (2) and (3).
              ``(2) Parents of united states citizens.--
                      ``(A) In general.--Immigrants who are the parents of
                    an individual who is at least 21 years of age and a
                    citizen of the United States shall be allocated visas
                    in a number, which is not less than 25,000 and does not
                    exceed the lesser of--
                              ``(i) 45,000, or
                              ``(ii) the number by which the worldwide
                            level exceeds 85,000.
                      ``(B) Reference to insurance requirement.--For
                    requirement relating to insurance for parents, see
                    section 212(a)(4)(D).
              ``(3) Adult sons and daughters.--
                      ``(A) In general.--Immigrants who are the qualifying
                    adult sons or daughters (as defined in subparagraph
                    (C)) of an individual who is (i) at least 21 years of
                    age and (ii) either a citizen of the United States or
                    an alien lawfully admitted for permanent residence
                    shall be allocated visas according to the levels
                    established in subparagraph (B).
                      ``(B) Allocation of visas to adult sons and daughters
                    of united states citizens and permanent resident
                    aliens.--
                              ``(i) In general.--Subject to clause (ii),
                            any remaining visas shall be allocated under
                            this paragraph in a number not to exceed the
                            lesser of--
                                      ``(I) 5,000, or
                                      ``(II) the number by which the
                                    worldwide level exceeds the sum of
                                    85,000 and the number of immigrant
                                    visas used under paragraph (2).
                              ``(ii) Allocation of additional visa
                            numbers.--
                                      ``(I) In general.--If the demand for
                                    visa numbers under this paragraph
                                    exceeds the number (if any) available
                                    under clause (i) in any fiscal year, an
                                    additional number of visas shall be
                                    made available under this paragraph,
                                    but not to exceed 5,000 additional
                                    visas numbers in any fiscal year.
                                      ``(II) Offsetting reduction in the
                                    levels of employment-based visas.--If
                                    an additional number of visa numbers
                                    are made available under subclause (I)
                                    in a fiscal year, the number of visas
                                    made available under section 201(a)(2)
                                    and paragraphs (1) through (6) of
                                    subsection (b) in the fiscal year shall
                                    be reduced by a number equal to such
                                    additional number reduced by the amount
                                    (if any) by which 110,000 exceeds the
                                    number of immigrant visas used under
                                    paragraphs (1) and (2) of this
                                    subsection in the fiscal year. The
                                    reduction under each such paragraph of
                                    subsection (b) shall be in the same
                                    proportion to the total reduction as
                                    the ratio of the numerical limitation
                                    under each such paragraph specified
                                    under such subsection to the worldwide
                                    level of employment-based immigrants
                                    (as specified in section 201(d)).
                      ``(C) Qualifications.--For purposes of this
                    paragraph, the term `qualifying adult son or daughter'
                    means an immigrant who, as of the date of approval of
                    the classification petition under section 204(a)(1)--
                              ``(i) is at least 21, but not more than 25
                            years of age,
                              ``(ii) has never been married,
                              ``(iii) is childless, and
                              ``(iv) would qualify as a dependent of the
                            petitioning individual for Federal income tax
                            purposes, except that the immigrant does not
                            meet the residence requirements.
                      ``(D) Three-year conditional requirement.--
                              ``(i) Conditional basis for status.--
                            Notwithstanding any other provision of this
                            Act, an alien provided lawful permanent
                            residence status on the basis of being a
                            qualifying adult son or daughter shall be
                            considered, at the time of obtaining the status
                            of an alien lawfully admitted for permanent
                            residence, to have obtained such status on a
                            conditional basis subject to the provisions of
                            this subparagraph.
                              ``(ii) Requirements of notice and petitioning
                            for removal of conditional status.--The
                            Attorney General shall establish, by
                            regulation, procedures which incorporate the
                            requirements of notice and petitioning for
                            removal of conditional status similar to the
                            requirements for removal of conditional status
                            under section 216A.
                              ``(iii) Termination of status.--In the case
                            of an alien with permanent resident status on a
                            conditional basis under clause (i), the alien
                            must demonstrate that the alien met the
                            qualifications set forth in subparagraph (C) as
                            of the date of approval of the classification
                            petition under section 204(a). In the absence
                            of such a demonstration by the alien, the
                            alien's status shall be terminated.
                              ``(iv) Special rule.--In applying section
                            216A under this subparagraph, any reference to
                            the `second' anniversary in such section is
                            deemed a reference to the `third'
                            anniversary.''.
      (b) Insurance Requirement.--Section 212(a)(4) (8 U.S.C. 1182(a)(4)),
    as amended by section 621(a), is amended by adding at the end the
    following new subparagraph:
                      ``(D) Insurance requirements for parents.--
                              ``(i) In general.--Any alien who seeks
                            admission as a parent under section 203(a)(2)
                            is inadmissible unless the alien demonstrates
                            at the time of issuance of the visa (and at the
                            time of admission) to the satisfaction of the
                            consular officer and the Attorney General that
                            the alien--
                                      ``(I) will have coverage under an
                                    adequate health insurance policy (at
                                    least comparable to coverage provided
                                    under the medicare program under title
                                    XVIII of the Social Security Act), and
                                      ``(II) will have coverage with
                                    respect to long-term health needs (at
                                    least comparable to such coverage
                                    provided under the medicaid program
                                    under title XIX of such Act for the
                                    State in which either the alien intends
                                    to reside or in which the petitioner,
                                    on behalf of the alien under section
                                    204(a)(1), resides),
                            throughout the period the individual is
                            residing in the United States.
                              ``(ii) Factors to be taken into account.--In
                            making a determination under clause (i), the
                            Attorney General shall take into account the
                            age of the parent and the likelihood of the
                            parent securing health insurance coverage
                            through employment.''.

    SEC. 513. CHANGE IN EMPLOYMENT-BASED CLASSIFICATION.

      (a) In General.--Section 203(b) (8 U.S.C. 1153(b)) is amended--
              (1) by redesignating paragraph (6) as paragraph (7);
              (2) by striking paragraphs (1) through (5) and inserting the
            following:
              ``(1) Aliens with extraordinary ability.--Visas shall first
            be made available in a number not to exceed 15,000 of such
            worldwide level to immigrants--
                      ``(A) who have extraordinary ability in the sciences,
                    arts, education, business, or athletics which has been
                    demonstrated by sustained national or international
                    acclaim and whose achievements have been recognized in
                    the field through sufficient documentation,
                      ``(B) who seek to be admitted into the United States
                    to continue work in the area of extraordinary ability,
                    and
                      ``(C) whose admission into the United States will
                    substantially benefit prospectively the United States.
              ``(2) Aliens who are outstanding professors and researchers
            or multinational executives and managers.--
                      ``(A) In general.--Visas shall be made available, in
                    a number not to exceed 30,000 of such worldwide level,
                    plus any visas not required for the class specified in
                    paragraph (1), to immigrants who are aliens described
                    in subparagraph (B) or (C).
                      ``(B) Outstanding professors and researchers.--An
                    alien is described in this subparagraph if--
                              ``(i) the alien is recognized internationally
                            as outstanding in a specific academic area,
                              ``(ii) the alien has at least 3 years of
                            experience in teaching or research in the
                            academic area, and
                              ``(iii) the alien seeks to enter the United
                            States--
                                      ``(I) for a tenured position (or
                                    tenure-track position) within a
                                    university or institution of higher
                                    education to teach in the academic
                                    area,
                                      ``(II) for a comparable position with
                                    a university or institution of higher
                                    education to conduct research in the
                                    area, or
                                      ``(III) for a comparable position to
                                    conduct research in the area with a
                                    department, division, or institute of a
                                    private employer, if the department,
                                    division, or institute employs at least
                                    3 persons full-time in research
                                    activities and has achieved documented
                                    accomplishments in an academic field.
                              ``(C) Certain multinational executives and
                            managers.--An alien is described in this
                            subparagraph if the alien, in the 3 years
                            preceding the time of the alien's application
                            for classification and admission into the
                            United States under this subparagraph, has been
                            employed for at least 1 year by a firm or
                            corporation or other legal entity or an
                            affiliate or subsidiary thereof and the alien
                            seeks to enter the United States in order to
                            continue to render services to the same
                            employer or to a subsidiary or affiliate
                            thereof in a capacity that is managerial or
                            executive.
              ``(3) Aliens who are members of the professions holding
            advanced degrees or aliens of exceptional ability.--
                      ``(A) In general.--Visas shall be made available, in
                    a number not to exceed 30,000 of such worldwide level,
                    plus any visas not required for the classes specified
                    in paragraphs (1) and (2), to immigrants who are aliens
                    described in subparagraph (B).
                      ``(B) Aliens who are members of the professions
                    holding advanced degrees or aliens of exceptional
                    ability.--
                              ``(i) In general.--An alien is described in
                            this subparagraph if the alien is a member of a
                            profession holding an advanced degree or its
                            equivalent or who because of exceptional
                            ability in the sciences, arts, or business will
                            substantially benefit prospectively the
                            national economy, cultural or educational
                            interests, or welfare of the United States, and
                            whose services in the sciences, arts,
                            professions, or business are sought by an
                            employer in the United States.
                              ``(ii) Determination of exceptional
                            ability.--In determining under clause (i)
                            whether an immigrant has exceptional ability,
                            the possession of a degree, diploma,
                            certificate, or similar award from a college,
                            university, school, or other institution of
                            learning or a license to practice or
                            certification for a particular profession or
                            occupation shall not by itself be considered
                            sufficient evidence of such exceptional
                            ability.
                              ``(iii) Labor certification required.--An
                            immigrant visa may not be issued to an
                            immigrant under this subparagraph until the
                            consular officer is in receipt of a
                            determination made by the Secretary of Labor
                            pursuant to the provisions of section
                            212(a)(5)(A).
                              ``(iv) National interest waiver.--The
                            Attorney General may waive the requirement
                            under clause (iii) and the requirement under
                            clause (i) that an alien's services be sought
                            by an employer in the United States only if--
                                      ``(I) such a waiver is necessary to
                                    substantially benefit--
                                              ``(aa) the national security,
                                            national defense, or Federal,
                                            State, or local law
                                            enforcement;
                                              ``(bb) health care, housing,
                                            or educational opportunities
                                            for an indigent or low-income
                                            population or in an underserved
                                            geographical area;
                                              ``(cc) economic or employment
                                            opportunities for a specific
                                            industry or a specific
                                            geographical area;
                                              ``(dd) the development of new
                                            technologies; or
                                              ``(ee) environmental
                                            protection or the productive
                                            use of natural resources, and
                                      ``(II) the alien will engage in a
                                    specific undertaking to advance one or
                                    more of the interests under subclause
                                    (I).
              ``(4) Skilled workers and professionals.--
                      ``(A) In general.--Visas shall be made available, in
                    a number not to exceed 45,000 of such worldwide level,
                    plus any visas not required for the classes specified
                    in paragraphs (1) through (3) to immigrants who are
                    described in subparagraph (B) or (C).
                      ``(B) Skilled workers.--An alien described in this
                    subparagraph is an immigrant who is capable, at the
                    time a petition is filed, of performing skilled labor
                    (requiring at least 2 years of training or experience),
                    not of a temporary or seasonal nature, for which
                    qualified workers are not available in the United
                    States, and who has a total of 4 years of training or
                    experience (or both) with respect to such labor.
                      ``(C) Professionals.--
                              ``(i) In general.--An alien described in this
                            subparagraph is an immigrant who holds a
                            baccalaureate degree and is a member of the
                            professions and, subject to clause (ii), has at
                            least 2 years of experience in the profession
                            after the receipt of the degree.
                              ``(ii) Special rule for language teachers.--
                            An alien who is a teacher and has (within the
                            previous 5 years) at least 2 years of
                            experience teaching a language (other than
                            English) full-time at an accredited elementary
                            or middle school may be classified and admitted
                            as a professional under this subparagraph if
                            the alien is seeking admission to teach such
                            language full-time in an accredited elementary
                            or middle school.
                      ``(D) Labor certification required.--An immigrant
                    visa may not be issued to an immigrant under this
                    paragraph until the consular officer is in receipt of a
                    determination made by the Secretary of Labor pursuant
                    to the provisions of section 212(a)(5)(A).
                      ``(E) Experience requirement.--Any period of
                    experience acquired as a nonimmigrant under section
                    101(a)(15)(E), 101(a)(15)(H)(i), or 101(a)(15)(L) may
                    be used to fulfill a requirement for experience under
                    this paragraph.
              ``(5) Investors in job creation.--
                      ``(A) In general.--Visas shall be made available, in
                    a number not to exceed 10,000 of such worldwide level
                    less the reduction in visa numbers under this paragraph
                    required to be effected under section 201(c)(5)(A) for
                    the fiscal year involved, to immigrants seeking to
                    enter the United States for the purpose of engaging in
                    a new commercial enterprise--
                              ``(i) which the alien has established,
                              ``(ii) in which the alien has invested (after
                            the date of the enactment of the Immigration
                            Act of 1990), or is actively in the process of
                            investing, capital in an amount not less
                            $1,000,000, and
                              ``(iii) which will benefit the United States
                            economy and create full-time employment for not
                            fewer than 10 United States citizens or aliens
                            lawfully admitted for permanent residence or
                            other immigrants lawfully authorized to be
                            employed in the United States (other than the
                            immigrant and the immigrant's spouse, sons, or
                            daughters).
                      ``(B) Pilot program.--For each of fiscal years 1997
                    and 1998, up to 2,000 visas otherwise made available
                    under this paragraph shall be made available to
                    immigrants who would be described in subparagraph (A)
                    if `$500,000' were substituted for `$1,000,000' in
                    subparagraph (A)(ii) and if `for not fewer than 5' were
                    substituted for `for not fewer than 10' in subparagraph
                    (A)(iii). By not later than April 1, 1998, the Attorney
                    General shall submit to Congress a report on the
                    operation of this subparagraph and shall include in the
                    report information describing the immigrants admitted
                    under this paragraph and the enterprises they invest in
                    and a recommendation on whether the pilot program under
                    this subparagraph should be continued or modified.
              ``(6) Certain special immigrants.--Visas shall be made
            available, in a number not to exceed 5,000 of such worldwide
            level, to qualified special immigrants described in section
            101(a)(27) (other than those described in subparagraph (A)
            thereof), of which not more than 4,000 may be made available in
            any fiscal year to special immigrants described in subclause
            (II) or (III) of section 101(a)(27)(C)(ii).''; and
              (3) by adding at the end the following new paragraph:
              ``(8) Not counting work experience as an unauthorized
            alien.--For purposes of this subsection, work experience
            obtained in employment in the United States with respect to
            which the alien was an unauthorized alien (as defined in
            section 274A(h)(3)) shall not be taken into account.''.
      (b) Conditional Status for Certain Foreign Language Teachers.--
              (1) In general.--Title II is amended by inserting after
            section 216A the following new section:

     ``conditional permanent resident status for certain foreign language
                                    teachers

      ``Sec. 216B. (a) In General.--Subject to the succeeding provisions of
    this section, section 216A shall apply to an alien foreign language
    teacher (as defined in subsection (d)(1)) and to an alien spouse or
    alien child (as defined in subsection (d)(2)) in the same manner as
    such section applies to an alien entrepreneur and an alien spouse or
    alien child.
      ``(b) Timing for Petition.--
              ``(1) In general.--In applying section 216A under subsection
            (a), any reference to a `second anniversary of an alien's
            lawful admission for permanent residence' is deemed a reference
            to the end of the time period described in paragraph (2).
              ``(2) Time period for determination.--The time period
            described in this paragraph is 5 years less the period of
            experience, during the 5-year period ending on the date the
            alien foreign language teacher obtains permanent resident
            status, of teaching a language (other than English) full-time
            at an accredited elementary or middle school.
      ``(c) Requirement for Total of 5 Years' Teaching Experience.--In
    applying section 216A under subsection (a), the determination of the
    Attorney General under section 216A(b)(1) shall be whether (and the
    facts and information under section 216A(d)(1) shall demonstrate that)
    the alien has been employed on a substantially full-time basis as a
    foreign language teacher at an accredited elementary or middle school
    in the United States during the period since obtaining permanent
    residence status (instead of the determinations described in section
    216A(b)(1) and of the facts and information described in section
    216A(d)(1)).
      ``(d) Definitions.--In this section:
              ``(1) The term `alien foreign language teacher' means an
            alien who obtains the status of an alien lawfully admitted for
            permanent residence (whether on a conditional basis or
            otherwise) under section 203(b)(4)(C)(ii) on the basis of less
            than 5 years' teaching experience.
              ``(2) The term `alien spouse' and the term `alien child' mean
            an alien who obtains the status of an alien lawfully admitted
            for permanent residence (whether on a conditional basis or
            otherwise) by virtue of being the spouse or child,
            respectively, of an alien foreign language teacher.''.
              (2) Clerical amendment.--The table of contents is amended by
            inserting after the item relating to section 216A the
            following:

    ``Sec. 216B. Conditional permanent resident status for certain foreign
    language teachers.''.

    SEC. 514. CHANGES IN DIVERSITY IMMIGRANT PROGRAM.

      (a) Application Only to 10 Countries with Highest Registrants.--
    Section 203(c) (8 U.S.C. 1153(c)) is amended--
              (1) in paragraph (1)(B)(ii), by striking ``and'' at the end
            of subclause (I), by striking the period at the end of
            subclause (II) and inserting ``, and'', and by adding at the
            end the following new subclause:
                                      ``(III) within each region, the 10
                                    foreign states which had the highest
                                    number of registrants for the diversity
                                    immigrant program under this subsection
                                    for the period beginning October 1,
                                    1994, and ending September 30, 1996,
                                    and which are not high-admission
                                    states.''; and
              (2) by adding at the end of paragraph (1)(E) the following
            new clause:
                              ``(vi) Ten states eligible in each region.--
                            Only natives of the 10 states identified for
                            each region in subparagraph (B)(ii)(III) are
                            eligible for diversity visas.''.
      (b) Change in Definition of Region.--Section 203(c)(1)(F) (8 U.S.C.
    1153(c)(1)(F)) is amended--
              (1) by striking ``Northern Ireland shall be treated as a
            separate foreign state,'',
              (2) by striking the comma after ``foreign state'',
              (3) in clause (iv), by striking ``(other than Mexico)'',
              (4) in clause (vi), by striking ``Mexico,''.
      (c) Establishing Job Offer Requirement.--Paragraph (2) of section
    203(c) (8 U.S.C. 1153(c)) is amended to read as follows:
              ``(2) Requirement of job offer and education or skilled
            worker.--An alien is not eligible for a visa under this
            subsection unless the alien--
                      ``(A) has a job offer in the United States which has
                    been verified;
                      ``(B) has at least a high school education or its
                    equivalent; and
                      ``(C) has at least 2 years of work experience in an
                    occupation which requires at least 2 years of
                    training.''.
      (d) Additional Provisions.--Section 203(c) (8 U.S.C. 1153) is further
    amended by adding at the end the following new paragraphs:
              ``(4) Fees.--Fees for the furnishing and verification of
            applications for visas under this subsection and for the
            issuance of visas under this subsection may be prescribed by
            the Secretary of State in such amounts as are adequate to
            compensate the Department of State for the costs of
            administering the diversity immigrant program. Any such fees
            collected may be deposited as an offsetting collection to the
            appropriate Department of State appropriation to recover the
            costs of such program and shall remain available for obligation
            until expended.
              ``(5) Ineligibility of aliens unlawfully present in the
            united states.--An alien who is unlawfully present in the
            United States at the time of filing of an application, within 5
            years prior to the filing of such application, or at any time
            subsequent to the filing of the application is ineligible for a
            visa under this subsection.''.

    SEC. 515. AUTHORIZATION TO REQUIRE PERIODIC CONFIRMATION OF
                        CLASSIFICATION PETITIONS.

      (a) In General.--Section 204(b) (8 U.S.C. 1154(b)) is amended by
    inserting ``(1)'' after ``(b)'' and by adding at the end the following
    new paragraph:
      ``(2)(A) The Attorney General may provide that a petition approved
    with respect to an alien (and the priority date established with
    respect to the petition) shall expire after a period (specified by the
    Attorney General and of not less than 2 years) following the date of
    approval of the petition, unless the petitioner files with the Attorney
    General a form described in subparagraph (B).
      ``(B) The Attorney General shall specify the form to be used under
    this paragraph. Such form shall be designed--
              ``(i) to reconfirm the continued intention of the petitioner
            to seek admission of the alien based on the classification
            involved, and
              ``(ii) as may be provided by the Attorney General, to update
            the contents of the original classification petition.
      ``(C) The Attorney General may apply subparagraph (A) to one or more
    classes of classification petitions and for different periods of time
    for different classes of such petitions, as specified by the Attorney
    General.''.
      (b) Effective Date.--(1) Except as provided in paragraph (2), the
    amendments made by subsection (a) shall not apply to classification
    petitions filed before October 1, 1996.
      (2) The Attorney General may apply such amendments to such
    classification petitions, but only in a manner so that no such petition
    expires under such amendments before October 1, 2000.

    SEC. 516. CHANGES IN SPECIAL IMMIGRANT STATUS.

      (a) Repealing Certain Obsolete Provisions.--Section 101(a)(27) (8
    U.S.C. 1101(a)(27)) is amended by striking subparagraphs (B), (E), (F),
    (G), and (H).
      (b) Special Immigrant Status for Certain NATO Civilian Employees.--
    Section 101(a)(27) (8 U.S.C. 1101(a)(27)) is further amended--
              (1) by striking ``or'' at the end of subparagraph (J),
              (2) by striking the period at the end of subparagraph (K) and
            inserting ``; or'', and
              (3) by adding at the end the following new subparagraph:
              ``(L) an immigrant who would be described in clause (i),
            (ii), (iii), or (iv) of subparagraph (I) if any reference in
            such a clause--
                      ``(i) to an international organization described in
                    paragraph (15)(G)(i) were treated as a reference to the
                    North American Treaty Organization (NATO);
                      ``(ii) to a nonimmigrant under paragraph (15)(G)(iv)
                    were treated as a reference to a nonimmigrant
                    classifiable under NATO-6 (as a member of a civilian
                    component accompanying a force entering in accordance
                    with the provisions of the NATO Status-of-Forces
                    Agreement, a member of a civilian component attached to
                    or employed by an Allied Headquarters under the
                    `Protocol on the Status of International Military
                    Headquarters' set up pursuant to the North Atlantic
                    Treaty, or as a dependent); and
                      ``(iii) to the Immigration Technical Corrections Act
                    of 1988 or to the Immigration and Nationality Technical
                    Corrections Act of 1994 were a reference to the
                    Immigration in the National Interest Act of 1995.''.
      (c) Conforming Nonimmigrant Status for Certain Parents of Special
    Immigrant Children.--Section 101(a)(15)(N) (8 U.S.C. 1101(a)(15)(N)) is
    amended--
              (1) by inserting ``(or under analogous authority under
            paragraph (27)(L))'' after ``(27)(I)(i)'', and
              (2) by inserting ``(or under analogous authority under
            paragraph (27)(L))'' after ``(27)(I)''.
      (d) Extension of Sunset for Religious Workers.--Section
    101(a)(27)(C)(ii) (8 U.S.C. 1101(a)(27)(C)(ii)) is amended by striking
    ``1997'' and inserting ``2005'' each place it appears.
      (e) Additional Conforming Amendments.--
              (1) Section 201(b)(1)(A) (8 U.S.C. 1151(b)(1)(A)) is amended
            by striking ``or (B)''.
              (2) Section 203(b)(4) (8 U.S.C. 1153(b)(4)) is amended by
            striking ``or (B)''.
              (3) Section 214(l)(3) (8 U.S.C. 1184(l)(3)), as redesignated
            by section 851(a)(3)(A), is amended by striking ``, who has not
            otherwise been accorded status under section 101(a)(27)(H),''.
              (4) Section 245(c)(2) (8 U.S.C. 1255(c)(2)) is amended by
            striking ``101(a)(27)(H), (I),'' and inserting
            ``101(a)(27)(I),''.
      (f) Effective Dates.--(1) Except as provided in this section, the
    amendments made by this section shall take effect on the date of the
    enactment of this Act.
      (2) The amendments made by subsection (a) shall not apply to any
    alien with respect to whom an application for special immigrant status
    under a subparagraph repealed by such amendments has been filed by not
    later than September 30, 1996.

    SEC. 517. REQUIREMENTS FOR REMOVAL OF CONDITIONAL STATUS OF
                        ENTREPRENEURS.

      (a) In General.--Section 216A(b) (8 U.S.C. 1186b(b)) is amended--
              (1) by amending clause (ii) of paragraph (1)(B) to read as
            follows:
                      ``(ii) subject to paragraph (3), the alien did not
                    invest (and maintain investment of) the requisite
                    capital, or did not employ the requisite number of
                    employees, throughout substantially the entire period
                    since the alien's admission; or'', and
              (2) by adding at the end the following new paragraph:
              ``(3) Exceptions.--
                      ``(A) Good faith exception.--Paragraph (1)(B)(ii)
                    shall not apply to an alien to the extent that the
                    alien continues to attempt in good faith throughout the
                    period since admission to invest (and maintain
                    investment of) the requisite capital, and to employ the
                    requisite number of employees, but was unable to do so
                    due to circumstances for which the alien should not
                    justly be held responsible.
                      ``(B) Extension.--In the case of an alien to whom the
                    exception under subparagraph (A) applies, the
                    application period under subsection (d)(2) (and period
                    for termination under paragraph (1)) shall be extended
                    (for up to 3 additional years) by such additional
                    period as may be necessary to enable the alien to have
                    had the requisite capital and number of employees
                    throughout a 2-year period. Such extension shall
                    terminate at any time at which the Attorney General
                    finds that the alien has not continued to attempt in
                    good faith to invest such capital and employ such
                    employees.''.
      (b) Effective Date.--The amendments made by subsection (a) shall
    apply to aliens admitted on or after the date of the enactment of this
    Act.

    SEC. 518. ADULT DISABLED CHILDREN.

      Section 101(b)(1) (8 U.S.C. 1101(b)(1)) is amended--
              (1) in subparagraph (E) by striking ``or'' at the end,
              (2) in subparagraph (F) by striking the period at the end and
            inserting ``; or'', and
              (3) by adding at the end the following new subparagraph:
              ``(G) a child of a citizen or national of the United States
            or lawful permanent resident alien, regardless of age, who has
            never been married, and who has a severe mental or physical
            impairment, or combination of mental or physical impairments,
            which--
                      ``(i) is likely to continue indefinitely; and
                      ``(ii) causes substantially total inability to
                    perform functions necessary for independent living,
                    including but not necessarily limited to 3 or more of
                    the following areas of major life activity--
                              ``(I) self-care,
                              ``(II) interpersonal communication,
                              ``(III) learning,
                              ``(IV) mobility, and
                              ``(V) self-direction:
            Provided, That no child may be considered to be a child within
            the meaning of this subparagraph on the basis, in whole or in
            part, of any physical or mental impairment that is not being
            ameliorated through medical treatment to the maximum extent
            reasonably possible given the ability and resources of such
            child and the citizen, national, or lawful permanent resident
            alien who is the child's parent.''.

    SEC. 519. MISCELLANEOUS CONFORMING AMENDMENTS.

      (a) Conforming Amendments Relating to Immediate Relatives.--
              (1) Section 101(b)(1)(F) (8 U.S.C. 1101(b)(1)(F)) is amended
            by striking ``as an immediate relative under section 201(b)''
            and inserting ``as a child of a citizen of the United States''.
              (2) Section 204 (8 U.S.C. 1154) is amended--
                      (A) in subsection (a)(1)(A)(i), by striking ``to an
                    immediate relative status'' and inserting ``to status
                    as the spouse or child of a citizen of the United
                    States'';
                      (B) in subsection (a)(1)(A)(iii), by striking ``as an
                    immediate relative'' and inserting ``as the spouse of a
                    citizen of the United States'';
                      (C) in subsection (a)(1)(iv), by striking ``as an
                    immediate relative'' and inserting ``as a child of a
                    citizen of the United States'';
                      (D) in subsection (b), by striking ``an immediate
                    relative specified in section 201(b)'' and inserting
                    ``a spouse or child of a citizen of the United States
                    under section 201(b)'';
                      (E) in subsection (c), by striking ``an immediate
                    relative or preference'' and inserting ``a
                    preferential'';
                      (F) in subsection (e)--
                              (i) by striking ``an immediate relative'' and
                            inserting ``a spouse or child of a citizen of
                            the United States'', and
                              (ii) by striking ``his'' and ``he'' and
                            inserting ``the alien's'' and ``the alien'',
                            respectively; and
                      (G) in subsection (g), by striking ``immediate
                    relative status'' and inserting ``status as a spouse or
                    child of a citizen of the United States or other''.
              (3) Section 212(a)(6)(E)(ii) (8 U.S.C. 1182(a)(6)(E)(ii)) is
            amended by striking ``an immediate relative'' and inserting ``a
            spouse, child, or parent of a citizen of the United States''.
              (4) Section 212(d)(11) (8 U.S.C. 1182(d)(11)) is amended by
            striking ``an immediate relative'' and inserting ``a spouse or
            child of a citizen of the United States''.
              (5) Section 216(g)(1)(A) (8 U.S.C. 1186a(g)(1)(A)) is amended
            by striking ``an immediate relative (described in section
            201(b)) as the spouse of a citizen of the United States'' and
            inserting ``the spouse of a citizen of the United States
            (described in section 201(b))''.
              (6) Section 221(a) (8 U.S.C. 1201(a)) is amended by striking
            ``, immediate relative,''.
              (7)(A) Section 224 (8 U.S.C. 1204) is amended--
                      (i) by amending the heading to read as follows:
     ``visas for spouses and children of citizens and special immigrants'',
                      (ii) by striking ``immediate relative'' the first
                    place it appears and inserting ``a spouse or child of a
                    citizen of the United States'', and
                      (iii) by striking ``immediate relative status'' and
                    inserting ``status or status as a spouse or child of a
                    citizen of the United States''.
              (B) The item in the table of contents relating to section 224
            is amended to read as follows:

    ``Sec. 224.  Visas for spouses and children of citizens and special
    immigrants.''.

              (8) Subsection (a)(1)(E)(ii) of section 241 (8 U.S.C. 1251),
            before redesignation as section 237 by section 305(a)(2), is
            amended by striking ``an immediate relative'' and inserting ``a
            spouse, child, or parent of a citizen of the United States
            under section 201(b) or 203(a)(2)''.
              (9) Section 245(c) (8 U.S.C. 1255(c)) is amended by striking
            ``an immediate relative as defined in section 201(b)'' and
            inserting ``a spouse or child of a citizen of the United States
            under section 201(b) or a parent of a citizen under section
            203(a)(2)'' each place it appears.
              (10) Section 291 (8 U.S.C. 1361) is amended by striking
            ``immigrant, special immigrant, immediate relative'' and
            inserting ``immigrant status, special immigrant status, status
            as a spouse or child of a citizen of the United States''.
              (11) Section 401 of the Immigration Reform and Control Act of
            1986 is amended by striking ``immediate relatives'' and
            inserting ``spouses and children of citizens''.
      (b) Conforming Amendments for Other Family-Sponsored Immigrants.--
              (1) Petitioning requirements.--Section 204 (8 U.S.C. 1154) is
            amended--
                      (A) in subsection (a)(1)(A)(i), by striking
                    ``paragraph (1), (3), or (4)'' and inserting
                    ``paragraph (2) or (3)'';
                      (B) in subsection (a)(1)(B)(i), by striking ``section
                    203(a)(2)'' and inserting ``paragraph (1) or (3) of
                    section 203(a)(1)'';
                      (C) in clauses (ii) and (iii) of subsection
                    (a)(1)(B), by striking ``203(a)(2)(A)'' and inserting
                    ``203(a)(1)''; and
                      (D) in subsection (f)(1), by striking ``, 203(a)(1),
                    or 203(a)(3)'' and inserting ``or 203(a)(2)''.
              (2) Application of per country levels.--Section 202 (8 U.S.C.
            1152) is amended--
                      (A) by amending paragraph (4) of subsection (a) to
                    read as follows:
              ``(4) Special rules for spouses and children of lawful
            permanent resident aliens.--
                      ``(A) 75 percent of 1st preference not subject to per
                    country limitation.--Of the visa numbers made available
                    under section 203(a) to immigrants described in
                    paragraph (1) of that section in any fiscal year,
                    63,750 shall be issued without regard to the numerical
                    limitation under paragraph (2).
                      ``(B) Limiting pass down for certain countries
                    subject to subsection (e).--In the case of a foreign
                    state or dependent area to which subsection (e)
                    applies, if the total number of visas issued under
                    section 203(a)(1) exceeds the maximum number of visas
                    that may be made available to immigrants of the state
                    or area under such section consistent with subsection
                    (e) (determined without regard to this paragraph), in
                    applying paragraph (2) of section 203(a) under
                    subsection (e)(2) all visas shall be deemed to have
                    been required for the classes specified in paragraph
                    (1) of such section.''; and
                      (B) in subsection (e)--
                              (i) in paragraph (1), by inserting before the
                            semicolon the following: ``(determined without
                            regard to subsections (c)(4) and (d)(2) of
                            section 201)'',
                              (ii) in paragraph (2), by striking
                            ``paragraphs (1) through (4)'' and inserting
                            ``paragraphs (1) and (2)'', and
                              (iii) in the last sentence, by striking
                            ``203(a)(2)(A)'' and inserting ``203(a)(1)''.
              (3) Additional conforming amendments.--
                      (A) Subsection (d) of section 203 (8 U.S.C. 1153),
                    before redesignation by section 524(a)(1), is amended
                    by striking ``(a)'' and inserting ``(a)(2)''.
                      (B) Section 212(a)(6)(E)(ii) (8 U.S.C.
                    1182(a)(6)(E)(ii)) and subsection (a)(1)(E)(ii) of
                    section 241 (8 U.S.C. 1251)), before redesignation as
                    section 237 under section 305(a)(2), are each amended
                    by striking ``203(a)(2)'' and inserting ``203(a)(1)''.
                      (C) Section 212(d)(11) (8 U.S.C. 1182(d)(11)) is
                    amended by striking ``immigrant under section 203(a)
                    (other than paragraph (4) thereof)'' and inserting ``an
                    immigrant under section 203(a)''.
                      (D) Section 216(g)(1)(C) (8 U.S.C. 1186a(g)(1)(C)) is
                    amended by striking ``203(a)(2)'' and inserting
                    ``203(a)(1)''.
                      (E) Section 2(c) of the Virgin Islands Nonimmigrant
                    Alien Adjustment Act of 1982 (Public Law 97-271) is
                    amended--
                              (i) in paragraph (2), by inserting ``or first
                            or third family preference petitions'' after
                            ``second preference petitions'';
                              (ii) in paragraph (3)(A), by striking ``or''
                            at the end;
                              (iii) in paragraph (3)(B), by striking the
                            period at the end and inserting ``; or'';
                              (iv) by adding at the end of paragraph (3)
                            the following new subparagraph:
              ``(C) by virtue of a first or third family preference
            petition filed by an individual who was admitted to the United
            States as an immigrant by virtue of a second family preference
            petition filed by the son or daughter of the individual, if
            that son or daughter had his or her status adjusted under this
            section.''; and
                              (v) in paragraph (4), by striking ``on or
                            after such date).'' and inserting the
                            following: ``on or after such date and before
                            October 1, 1996). For purposes of this
                            subsection, the terms `first family preference
                            petition', `second family preference petition',
                            and `third family preference petition' mean, in
                            the case of an alien, a petition filed under
                            section 204(a) of the Act to grant preference
                            status to the alien by reason of the
                            relationship described in section 203(a)(1),
                            203(a)(2), or 203(a)(3), respectively (as in
                            effect on and after October 1, 1996).''.
      (c) Conforming Amendments Relating to Employment-Based Immigrants.--
              (1) Treatment of special k immigrants.--Subparagraph (B) of
            section 203(b)(7) (8 U.S.C. 1153(b)(7)), as redesignated by
            section 513(a)(1), is amended--
                      (A) in clause (i), by striking ``and (3) shall each
                    be reduced by \1/3\'' and inserting ``(3), and (4)
                    shall each be reduced by the same proportion, as the
                    proportion (of the visa numbers made available under
                    all such paragraphs) that were made available under
                    each respective paragraph,'', and
                      (B) in clause (iii), by striking ``(3) of this
                    subsection in the fiscal year shall be reduced by \1/
                    3\'' and inserting ``(4) in the fiscal year reduced by
                    the same proportion, as the proportion (of the visa
                    numbers made available under all such paragraphs to
                    natives of the foreign state) that were made available
                    under each respective paragraph to such natives,''.
              (2) Conforming amendments relating to petitioning rights.--
            Section 204(a)(1) (8 U.S.C. 1154(a)(1)) is amended--
                      (A) in subparagraph (C), by striking ``203(b)(1)(A)''
                    and inserting ``203(b)(1)'';
                      (B) in subparagraph (D), by striking ``section
                    203(b)(1)(B), 203(b)(1)(C), 203(b)(2), or 203(b)(3)''
                    and inserting ``section 203(b)(2), 203(b)(3), or
                    203(b)(4)'';
                      (C) in subparagraph (E)(i), by striking ``203(b)(4)''
                    and inserting ``203(b)(6)''; and
                      (D) by redesignating subparagraphs (E) and (F) as
                    subparagraphs (F) and (E), respectively, and by moving
                    subparagraph (E) (as so redesignated) to precede
                    subparagraph (F) (as so redesignated).
              (3) Ground for inadmissibility.--Section 212(a)(5)(C) (8
            U.S.C. 1182(a)(5)(C)) is amended by striking ``(2) or (3)'' and
            inserting ``(3) or (4)''.
              (4) Other conforming amendments.--
                      (A) Section 202(e)(3) (8 U.S.C. 1152(e)(3)) is
                    amended by striking ``through (5)'' and inserting
                    ``through (6)''.
                      (B) Section 245(j)(3) (8 U.S.C. 1255(j)(3)), as added
                    by section 130003(c)(1) Violent Crime Control and Law
                    Enforcement Act of 1994 (Public Law 103-322) and as
                    redesignated by section 851(a)(3)(A) of this Act, is
                    amended by striking ``203(b)(4)'' and inserting
                    ``203(b)(6)''.
                      (C) Section 154(b)(1)(B)(i) of the Immigration Act of
                    1990 is amended by striking ``1991)'' and inserting
                    ``1991, and before October 1, 1996) or under section
                    203(a), 203(b)(1), or 203(b)(2) (as in effect on and
                    after October 1, 1996)''.
                      (D) Section 206(a) of the Immigration Act of 1990 is
                    amended by striking ``203(b)(1)(C)'' and inserting
                    ``203(b)(2)(C)''.
                      (E) Section 2(d)(2)(A) of the Chinese Student
                    Protection Act of 1992 (Public Law 102-404) is amended
                    by striking ``203(b)(3)(A)(i)'' and inserting
                    ``203(b)(4)(B)''.
                      (F) The Soviet Scientists Immigration Act of 1992
                    (Public Law 102-509) is amended--
                              (i) in sections 3 and 4(a), by striking
                            ``203(b)(2)(A) of the Immigration and
                            Nationality Act (8 U.S.C. 1153(b)(2)(A))'' and
                            inserting ``203(b)(3)(B)(i) of the Immigration
                            and Nationality Act (8 U.S.C.
                            1153(b)(3)(B)(i))'', and
                              (ii) in section 4(c), by striking
                            ``203(b)(2)(A) of the Immigration and
                            Nationality Act (8 U.S.C. 1153(b)(2)(A))'' and
                            inserting ``203(b)(3) of the Immigration and
                            Nationality Act (8 U.S.C. 1153(b)(2))''.
      (d) Repeal of Certain Outdated Provisions.--The following provisions
    of law are repealed:
              (1) Section 9 of Public Law 94-571 (90 Stat. 2707).
              (2) Section 19 of Public Law 97-116 (95 Stat. 1621).

           Subtitle C--Refugees, Parole, and Humanitarian Admissions

    SEC. 521. CHANGES IN REFUGEE ANNUAL ADMISSIONS.

      (a) In General.--Paragraphs (1) and (2) of section 207(a) (8 U.S.C.
    1157(a)) are amended to read as follows:
      ``(1) Except as provided in paragraph (2) and subsection (b), the
    number of refugees who may be admitted under this section in any fiscal
    year shall be such number as the President determines, before the
    beginning of the fiscal year and after appropriate consultation, is
    justified by humanitarian concerns or is otherwise in the national
    interest.
      ``(2)(A) Except as provided in subparagraph (B), the number
    determined under paragraph (1) for a fiscal year may not exceed--
              ``(i) 75,000 in the case of fiscal year 1997, or
              ``(ii) 50,000 in the case of any succeeding fiscal year.
      ``(B) The number determined under paragraph (1) for a fiscal year may
    exceed the limit specified under subparagraph (A) if Congress enacts a
    law providing for a higher number.''.
      (b) Admissions in Emergency Refugee Situations and Timing of the
    Refugee Consultation Process.--
              (1) Section 207(b) (8 U.S.C. 1157(b)) and section
            207(d)(3)(B) (8 U.S.C. 1157(d)(3)(B)) are amended by striking
            ``unforeseen''.
              (2) Section 207(d)(1) (8 U.S.C. 1157(d)(1)) is amended by
            striking ``Before the start of each fiscal year'' and inserting
            ``Before June 1 of the preceding fiscal year''.
              (3) Section 207(e) (8 U.S.C. 1157(e)) is amended by adding at
            the end the following:
    ``Such discussions shall occur before July 1 of the fiscal year
    preceding the fiscal year of admissions, except that discussions
    relating to an emergency refugee situation shall occur not more than 30
    days after the President proposes admissions in response to the
    emergency.''.
      (c) Effective Date.--The amendments made by subsections (a) and (b)
    shall apply beginning with fiscal year 1997.

    SEC. 522. PERSECUTION FOR RESISTANCE TO COERCIVE POPULATION CONTROL
                        METHODS.

      (a) Definition of Refugee.--Section 101(a)(42) (8 U.S.C. 1101(a)(42))
    is amended by adding at the end the following: ``For purposes of
    determinations under this Act, a person who has been forced to abort a
    pregnancy or to undergo involuntary sterilization, or who has been
    persecuted for failure or refusal to undergo such a procedure or for
    other resistance to a coercive population control program, shall be
    deemed to have been persecuted on account of political opinion, and a
    person who has a well founded fear that he or she will be forced to
    undergo such a procedure or subject to persecution for such failure,
    refusal, or resistance shall be deemed to have a well founded fear of
    persecution on account of political opinion.''.
      (b) Numerical Limitation.--Section 207(a) (8 U.S.C. 1157(a)), as
    amended by section 532(b), is amended by adding at the end the
    following new paragraph:
      ``(4) For any fiscal year, not more than a total of 1,000 refugees
    may be admitted under this subsection or granted asylum under section
    208 pursuant to a determination under the last sentence of section
    101(a)(42) (relating to persecution for resistance to coercive
    population control methods).''.

    SEC. 523. PAROLE AVAILABLE ONLY ON A CASE-BY-CASE BASIS FOR
                        HUMANITARIAN REASONS OR SIGNIFICANT PUBLIC BENEFIT.

      (a) In General.--Paragraph (5) of section 212(d) (8 U.S.C. 1182(d))
    is amended to read as follows:
      ``(5)(A) Subject to the provisions of this paragraph and section
    214(f)(2), the Attorney General, in the sole discretion of the Attorney
    General, may on a case-by-case basis parole an alien into the United
    States temporarily, under such conditions as the Attorney General may
    prescribe, only--
              ``(i) for an urgent humanitarian reason (as described under
            subparagraph (B)); or
              ``(ii) for a reason deemed strictly in the public interest
            (as described under subparagraph (C)).
      ``(B) The Attorney General may parole an alien based on an urgent
    humanitarian reason described in this subparagraph only if--
              ``(i) the alien has a medical emergency and the alien cannot
            obtain necessary treatment in the foreign state in which the
            alien is residing or the medical emergency is life-threatening
            and there is insufficient time for the alien to be admitted
            through the normal visa process;
              ``(ii) the alien is needed in the United States in order to
            donate an organ or other tissue for transplant into a close
            family member; or
              ``(iii) the alien has a close family member in the United
            States whose death is imminent and the alien could not arrive
            in the United States in time to see such family member alive if
            the alien were to be admitted through the normal visa process.
      ``(C) The Attorney General may parole an alien based on a reason
    deemed strictly in the public interest described in this subparagraph
    only if--
              ``(i) the alien has assisted the United States Government in
            a matter, such as a criminal investigation, espionage, or other
            similar law enforcement activity, and either the alien's
            presence in the United States is required by the Government or
            the alien's life would be threatened if the alien were not
            permitted to come to the United States; or
              ``(ii) the alien is to be prosecuted in the United States for
            a crime.
      ``(D) The Attorney General may not use the parole authority under
    this paragraph to permit to come to the United States aliens who have
    applied for and have been found to be ineligible for refugee status or
    any alien to whom the provisions of this paragraph do not apply.
      ``(E) Parole of an alien under this paragraph shall not be considered
    an admission of the alien into the United states. When the purposes of
    the parole of an alien have been served, as determined by the Attorney
    General, the alien shall immediately return or be returned to the
    custody from which the alien was paroled and the alien shall be
    considered for admission to the United States on the same basis as
    other similarly situated applicants for admission.
      ``(F) Not later than 90 days after the end of each fiscal year, the
    Attorney General shall submit a report to the Committees on the
    Judiciary of the House of Representatives and the Senate describing the
    number and categories of aliens paroled into the United States under
    this paragraph. Each such report shall contain information and data
    concerning the number and categories of aliens paroled, the duration of
    parole, and the current status of aliens paroled during the preceding
    fiscal year.''.
      (b) Effective Date.--The amendment made by subsection (a) shall apply
    to individuals paroled into the United States on or after the first day
    of the first month beginning more than 60 days after the date of the
    enactment of this Act.

    SEC. 524. ADMISSION OF HUMANITARIAN IMMIGRANTS.

      (a) In General.--Section 203 (8 U.S.C. 1153) is amended--
              (1) by redesignating subsections (d) through (g) as
            subsections (e) through (h), respectively, and
              (2) by inserting after subsection (c) the following new
            subsection:
      ``(d) Humanitarian Immigrants.--
              ``(1) In general.--Aliens subject to the worldwide
            humanitarian level specified in section 201(e) shall be
            allotted visas only if the aliens have been selected by the
            Attorney General under paragraph (2) as of special humanitarian
            concern to the United States.
              ``(2) Selection of immigrants.--
                      ``(A) In general.--The Attorney General shall, on a
                    case-by-case basis and based on humanitarian concerns
                    and the public interest, select aliens for purposes of
                    this subsection.
                      ``(B) Restriction.--The Attorney General may not
                    select an alien under this paragraph if the alien is a
                    refugee (within the meaning of section 101(a)(42))
                    unless the Attorney General determines that compelling
                    reasons in the public interest with respect to that
                    particular alien require that the alien be admitted
                    into the United States as a humanitarian immigrant
                    under this subsection rather than as a refugee under
                    section 207.
              ``(3) Annual report.--Not later than 90 days after the end of
            each fiscal year, the Attorney General shall submit to the
            Committees on the Judiciary of the House of Representatives and
            of the Senate a report describing the number of immigrant visas
            issued under this subsection and the individuals to whom the
            visas were issued.''.
      (b) Petitioning.--Section 204(a)(1) (8 U.S.C. 1154(a)(1)) is amended
    by adding at the end the following new subparagraph:
      ``(I) Any alien desiring to be provided an immigrant visa under
    section 203(d) may file a petition with the Attorney General for such
    classification, but only if the Attorney General has identified the
    alien as possibly qualifying for such a visa.''.
      (c) Order of Consideration.--Subsection (f) of section 203 (8 U.S.C.
    1153), as redesignated by subsection (a)(1), is amended by
    redesignating paragraph (3) as paragraph (4) and by inserting after
    paragraph (2) the following new paragraph:
      ``(3) Immigrant visa numbers made available under subsection (d)
    (relating to humanitarian immigrants) shall be issued to eligible
    immigrants in an order specified by the Attorney General.''.
      (d) Application of Per Country Numerical Limitations.--Section 202(a)
    (8 U.S.C. 1152(a)) is amended by adding at the end the following new
    paragraph:
              ``(5) Per country levels for humanitarian immigrants.--The
            total number of immigrant visas made available to natives of
            any single foreign state or dependent area under section 203(d)
            in any fiscal year may not exceed 50 percent (in the case of a
            single foreign state) or 15 percent (in the case of a dependent
            area) of the total number of such visas made available under
            such subsection in that fiscal year.''.
      (e) Waiver of Certain Grounds of Inadmissibility.--Section 212(a) (8
    U.S.C. 1182(a)) is amended--
              (1) in paragraph (4), as amended by sections 621(a) and
            512(b), by adding at the end the following new subparagraph:
                      ``(E) Waiver authorized for humanitarian
                    immigrants.--The Attorney General, in the discretion of
                    the Attorney General, may waive the ground of
                    inadmissibility under subparagraph (A) in the case of
                    an alien seeking admission as a humanitarian immigrant
                    under section 203(d).'';
              (2) in paragraph (5)(C), by inserting before the period at
            the end the following: ``, and shall not apply to immigrants
            seeking admissions as humanitarian immigrants under section
            203(d)''; and
              (3) in paragraph (7)(A), by redesignating clause (ii) as
            clause (iii) and by inserting after clause (i) the following
            new clause:
                              ``(ii) Waiver authorized for humanitarian
                            immigrants.--The Attorney General, in the
                            discretion of the Attorney General, may waive
                            the ground of inadmissibility under clause (i)
                            in the case of an alien seeking admission as a
                            humanitarian immigrant under section 203(d).''.
      (f) Conforming Amendment.--Section 216(g)(1) (8 U.S.C. 1186a(g)(1))
    is amended by striking ``203(d)'' and inserting ``203(e)''.

                           Subtitle D--Asylum Reform

    SEC. 531. ASYLUM REFORM.

      (a) Asylum Reform.--Section 208 (8 U.S.C. 1158) is amended to read as
    follows:
                                    ``asylum
      ``Sec. 208. (a) Authority to Apply for Asylum.--
              ``(1) In general.--Any alien who is physically present in the
            United States or who arrives in the United States (whether or
            not at a designated port of arrival), irrespective of such
            alien's status, may apply for asylum in accordance with this
            section.
              ``(2) Exceptions.--
                      ``(A) Safe third country.--Paragraph (1) shall not
                    apply to an alien if the Attorney General determines
                    that the alien may be removed, including pursuant to a
                    bilateral or multilateral agreement, to a country
                    (other than the country of the alien's nationality or,
                    in the case of an alien having no nationality, the
                    country of the alien's last habitual residence) in
                    which the alien's life or freedom would not be
                    threatened on account of race, religion, nationality,
                    membership in a particular social group, or political
                    opinion, and where the alien would have access to a
                    full and fair procedure for determining a claim to
                    asylum or equivalent temporary protection, unless the
                    Attorney General finds that it is in the public
                    interest for the alien to receive asylum in the United
                    States.
                      ``(B) Time limit.--Paragraph (1) shall not apply to
                    an alien unless the alien demonstrates by clear and
                    convincing evidence that the application has been filed
                    within 30 days after the alien's arrival in the United
                    States.
                      ``(C) Previous asylum applications.--Paragraph (1)
                    shall not apply to an alien if the alien has previously
                    applied for asylum and had such application denied.
                      ``(D) Changed conditions.--An application for asylum
                    of an alien may be considered, notwithstanding
                    subparagraphs (B) and (C), if the alien demonstrates to
                    the satisfaction of the Attorney General the existence
                    of fundamentally changed circumstances which affect the
                    applicant's eligibility for asylum.
              ``(3) Limitation on judicial review.--No court shall have
            jurisdiction to review a determination of the Attorney General
            under paragraph (2).
      ``(b) Conditions for Granting Asylum.--
              ``(1) In general.--The Attorney General may grant asylum to
            an alien who has applied for asylum in accordance with the
            requirements and procedures established by the Attorney General
            under this section if the Attorney General determines that such
            alien is a refugee within the meaning of section 101(a)(42)(A).
              ``(2) Exceptions.--
                      ``(A) In general.--Paragraph (1) shall not apply to
                    an alien if the Attorney General determines that--
                              ``(i) the alien ordered, incited, assisted,
                            or otherwise participated in the persecution of
                            any person on account of race, religion,
                            nationality, membership in a particular social
                            group, or political opinion;
                              ``(ii) the alien, having been convicted by a
                            final judgment of a particularly serious crime,
                            constitutes a danger to the community of the
                            United States;
                              ``(iii) there are serious reasons for
                            believing that the alien has committed a
                            serious nonpolitical crime outside the United
                            States prior to the arrival of the alien in the
                            United States;
                              ``(iv) there are reasonable grounds for
                            regarding the alien as a danger to the security
                            of the United States;
                              ``(v) the alien is inadmissible under
                            subclause (I), (II), (III), or (IV) of section
                            212(a)(3)(B)(i) or removable under section
                            237(a)(4)(B) (relating to terrorist activity),
                            unless, in the case only of an alien
                            inadmissible under subclause (IV) of section
                            212(a)(3)(B)(i), the Attorney General
                            determines, in the Attorney General's
                            discretion, that there are not reasonable
                            grounds for regarding the alien as a danger to
                            the security of the United States; or
                              ``(vi) the alien was firmly resettled in
                            another country prior to arriving in the United
                            States.
                      ``(B) Special rules.--
                              ``(i) Conviction of aggravated felony.--For
                            purposes of clause (ii) of subparagraph (A), an
                            alien who has been convicted of an aggravated
                            felony shall be considered to have been
                            convicted of a particularly serious crime.
                              ``(ii) Offenses.--The Attorney General may
                            designate by regulation offenses that will be
                            considered to be a crime described in clause
                            (ii) or (iii) of subparagraph (A).
                      ``(C) Additional limitations.--The Attorney General
                    may by regulation establish additional limitations and
                    conditions under which an alien shall be ineligible for
                    asylum under paragraph (1).
                      ``(D) No judicial review.--There shall be no judicial
                    review of a determination of the Attorney General under
                    subparagraph (A)(v).
              ``(3) Treatment of spouse and children.--A spouse or child
            (as defined in section 101(b)(1)(A), (B), (C), (D), or (E)) of
            an alien who is granted asylum under this subsection may, if
            not otherwise eligible for asylum under this section, be
            granted the same status as the alien if accompanying, or
            following to join, such alien.
      ``(c) Asylum Status.--
              ``(1) In general.--In the case of an alien granted asylum
            under subsection (b), the Attorney General--
                      ``(A) shall not remove or return the alien to the
                    alien's country of nationality or, in the case of a
                    person having no nationality, the country of the
                    alien's last habitual residence;
                      ``(B) shall authorize the alien to engage in
                    employment in the United States and provide the alien
                    with appropriate endorsement of that authorization; and
                      ``(C) may allow the alien to travel abroad with the
                    prior consent of the Attorney General.
              ``(2) Termination of asylum.--Asylum granted under subsection
            (b) does not convey a right to remain permanently in the United
            States, and may be terminated if the Attorney General
            determines that--
                      ``(A) the alien no longer meets the conditions
                    described in subsection (b)(1) owing to a fundamental
                    change in circumstances;
                      ``(B) the alien meets a condition described in
                    subsection (b)(2);
                      ``(C) the alien may be removed, including pursuant to
                    a bilateral or multilateral agreement, to a country
                    (other than the country of the alien's nationality or,
                    in the case of an alien having no nationality, the
                    country of the alien's last habitual residence) in
                    which the alien cannot establish that it is more likely
                    than not that the alien's life or freedom would be
                    threatened on account of race, religion, nationality,
                    membership in a particular social group, or political
                    opinion, and where the alien is eligible to receive
                    asylum or equivalent temporary protection;
                      ``(D) the alien has voluntarily availed himself or
                    herself of the protection of the alien's country of
                    nationality or, in the case of an alien having no
                    nationality, the alien's country of last habitual
                    residence, by returning to such country with permanent
                    resident status or the reasonable possibility of
                    obtaining such status with the same rights and
                    obligations pertaining to other permanent residents of
                    that country; or
                      ``(E) the alien has acquired a new nationality and
                    enjoys the protection of the country of his new
                    nationality.
              ``(3) Removal when asylum is terminated.--An alien described
            in paragraph (2) is subject to any applicable grounds of
            inadmissibility or deportability under section 212(a) and
            237(a), and the alien's removal or return shall be directed by
            the Attorney General in accordance with sections 240 and 241.
              ``(4) Limitation on judicial review.--No court shall have
            jurisdiction to review a determination of the Attorney General
            under paragraph (2).
      ``(d) Asylum Procedure.--
              ``(1) Applications.--The Attorney General shall establish a
            procedure for the consideration of asylum applications filed
            under subsection (a). An application for asylum shall not be
            considered unless the alien submits fingerprints and a
            photograph in a manner to be determined by regulation by the
            Attorney General.
              ``(2) Employment.--An applicant for asylum is not entitled to
            employment authorization, but such authorization may be
            provided under regulation by the Attorney General. An applicant
            who is not otherwise eligible for employment authorization
            shall not be granted such authorization prior to 180 days after
            the date of filing of the application for asylum.
              ``(3) Fees.--The Attorney General may impose fees for the
            consideration of an application for asylum, for employment
            authorization under this section, and for adjustment of status
            under section 209(b). The Attorney General may provide for the
            assessment and payment of such fees over a period of time or by
            installments. Nothing in this paragraph shall be construed to
            require the Attorney General to charge fees for adjudication
            services provided to asylum applicants, or to limit the
            authority of the Attorney General to set adjudication and
            naturalization fees in accordance with section 286(m).
              ``(4) Notice of privilege of counsel and consequences of
            frivolous application.--At the time of filing an application
            for asylum, the Attorney General shall--
                      ``(A) advise the alien of the privilege of being
                    represented by counsel and of the consequences, under
                    paragraph (6), of knowingly filing a frivolous
                    application for asylum; and
                      ``(B) provide the alien a list of persons (updated
                    not less often than quarterly) who have indicated their
                    availability to represent aliens in asylum proceedings
                    on a pro bono basis.
              ``(5) Consideration of asylum applications.--
                      ``(A) Procedures.--The procedure established under
                    paragraph (1) shall provide that--
                              ``(i) asylum cannot be granted until the
                            identity of the applicant has been checked
                            against all appropriate records or databases
                            maintained by the Attorney General and by the
                            Secretary of State, including the Automated
                            Visa Lookout System, to determine any grounds
                            on which the alien may be inadmissible to or
                            deportable from the United States, or
                            ineligible to apply for or be granted asylum;
                              ``(ii) in the absence of exceptional
                            circumstances, the initial interview or hearing
                            on the asylum application shall commence not
                            later than 45 days after the date an
                            application is filed;
                              ``(iii) in the absence of exceptional
                            circumstances, final administrative
                            adjudication of the asylum application, not
                            including administrative appeal, shall be
                            completed within 180 days after the date an
                            application is filed;
                              ``(iv) any administrative appeal shall be
                            filed within 30 days of a decision granting or
                            denying asylum, or within 30 days of the
                            completion of removal proceedings before an
                            immigration judge under section 240, whichever
                            is later; and
                              ``(v) in the case of an applicant for asylum
                            who fails without prior authorization or in the
                            absence of exceptional circumstances to appear
                            for an interview or hearing, including a
                            hearing under section 240, the application may
                            be dismissed or the applicant may be otherwise
                            sanctioned for such failure.
                      ``(B) Additional regulatory conditions.--The Attorney
                    General may provide by regulation for any other
                    conditions or limitations on the consideration of an
                    application for asylum not inconsistent with this Act.
              ``(6) Frivolous applications.--
                      ``(A) In general.--If the Attorney General determines
                    that an alien has knowingly made a frivolous
                    application for asylum and the alien has received the
                    notice under paragraph (4)(A), the alien shall be
                    permanently ineligible for any benefits under this Act,
                    effective as of the date of a final determination on
                    such application.
                      ``(B) Material misrepresentations.--An application
                    shall be considered to be frivolous if the Attorney
                    General determines that the application contains a
                    willful misrepresentation or concealment of a material
                    fact.
              ``(7) No private right of action.--Nothing in this subsection
            shall be construed to create any substantive or procedural
            right or benefit that is legally enforceable by any party
            against the United States or its agencies or officers or any
            other person.''.
      (b) Conforming and Clerical Amendments.--
              (1) The item in the table of contents relating to section 208
            is amended to read as follows:

    ``Sec. 208. Asylum.''.

              (2) Section 104(d)(1)(A) of the Immigration Act of 1990
            (Public Law 101-649) is amended by striking ``208(b)'' and
            inserting ``208''.
      (c) Effective Date.--The amendment made by subsection (a) shall apply
    to applications for asylum filed on or after the first day of the first
    month beginning more than 180 days after the date of the enactment of
    this Act.

    SEC. 532. FIXING NUMERICAL ADJUSTMENTS FOR ASYLEES AT 10,000 EACH YEAR.

      (a) In General.--Section 209(b) (8 U.S.C. 1159(b)) is amended by
    striking ``Not more than'' and all that follows through ``adjust'' and
    inserting the following: ``The Attorney General, in the Attorney
    General's discretion and under such regulations as the Attorney General
    may prescribe, and in a number not to exceed 10,000 aliens in any
    fiscal year, may adjust''.
      (b) Conforming Amendment.--Section 207(a) (8 U.S.C. 1157(a)) is
    amended by striking paragraph (4).
      (c) Effective Date.--The amendment made by subsection (a) shall take
    effect on October 1, 1996.

    SEC. 533. INCREASED RESOURCES FOR REDUCING ASYLUM APPLICATION BACKLOGS.

      (a) Authorization of Temporary Employment of Certain Annuitants and
    Retirees.--
              (1) In general.--For the purpose of performing duties in
            connection with adjudicating applications for asylum pending as
            of the date of the enactment of this Act, the Attorney General
            may employ for a period not to exceed 24 months (beginning 3
            months after the date of the enactment of this Act) not more
            than 300 individuals (at any one time) who, by reason of
            separation from service on or before January 1, 1995, are
            receiving--
                      (A) annuities under the provisions of subchapter III
                    of chapter 83 of title 5, United States Code, or
                    chapter 84 of such title;
                      (B) annuities under any other retirement system for
                    employees of the Federal Government; or
                      (C) retired or retainer pay as retired officers of
                    regular components of the uniformed services.
              (2) No reduction in annuity or retirement pay or
            redetermination of pay during temporary employment.--
                      (A) Retirees under civil service retirement system
                    and federal employees' retirement system.--In the case
                    of an individual employed under paragraph (1) who is
                    receiving an annuity described in paragraph (1)(A)--
                              (i) such individual's annuity shall continue
                            during the employment under paragraph (1) and
                            shall not be increased as a result of service
                            performed during that employment;
                              (ii) retirement deductions shall not be
                            withheld from such individual's pay; and
                              (iii) such individual's pay shall not be
                            subject to any deduction based on the portion
                            of such individual's annuity which is allocable
                            to the period of employment.
                      (B) Other federal retirees.--The President shall
                    apply the provisions of subparagraph (A) to individuals
                    who are receiving an annuity described in paragraph
                    (1)(B) and who are employed under paragraph (1) in the
                    same manner and to the same extent as such provisions
                    apply to individuals who are receiving an annuity
                    described in paragraph (1)(A) and who are employed
                    under paragraph (1).
                      (C) Retired officers of the uniform services.--The
                    retired or retainer pay of a retired officer of a
                    regular component of a uniformed service shall not be
                    reduced under section 5532 of title 5, United States
                    Code, by reason of temporary employment authorized
                    under paragraph (1).
      (b) Procedures for Property Acquisition on Leasing.--Notwithstanding
    the Federal Property and Administrative Services Act of 1949 (40 U.S.C.
    471 et seq.), the Attorney General is authorized to expend out of funds
    made available to the Department of Justice for the administration of
    the Immigration and Nationality Act such amounts as may be necessary
    for the leasing or acquisition of property to carry out the purpose
    described in subsection (a)(1).
      (c) Increase in Asylum Officers.--Subject to the availability of
    appropriations, the Attorney General shall provide for an increase in
    the number of asylum officers to at least 600 asylum officers by fiscal
    year 1997.

           Subtitle E--General Effective Date; Transition Provisions

    SEC. 551. GENERAL EFFECTIVE DATE.

      (a) In General.--Except as otherwise provided in subsection (b) or in
    this title, this title and the amendments made by this title shall take
    effect on October 1, 1996, and shall apply beginning with fiscal year
    1997.
      (b) Provisions Taking Effect Upon Enactment.--Sections 523 and 554
    shall take effect on the date of the enactment of this Act.

    SEC. 552. GENERAL TRANSITION FOR CURRENT CLASSIFICATION PETITIONS.

      (a) Family-Sponsored Immigrants.--
              (1) Immediate relatives.--Any petition filed under section
            204(a) of the Immigration and Nationality Act before October 1,
            1996, for immediate relative status under section 201(b)(2)(A)
            of such Act (as in effect before such date) as a spouse or
            child of a United States citizen or as a parent of a United
            States citizen shall be deemed, as of such date, to be a
            petition filed under such section for status under section
            201(b)(2)(A) (as such a spouse or child) or under section
            203(a)(2), respectively, of such Act (as amended by this
            title).
              (2) Spouses and children of permanent residents.--Any
            petition filed under section 204(a) of the Immigration and
            Nationality Act before October 1, 1996, for preference status
            under section 203(a)(2) of such Act as a spouse or child of an
            alien lawfully admitted for permanent residence shall be
            deemed, as of such date, to be a petition filed under such
            section for preference status under section 203(a)(1) of such
            Act (as amended by this title).
      (b) Employment-Based Immigrants.--
              (1) In general.--Subject to paragraph (2), any petition filed
            before October 1, 1996, and approved on any date, to accord
            status under section 203(b)(1)(A), 203(b)(1)(B), 203(b)(1)(C),
            203(b)(2), 203(b)(3)(A)(i), 203(b)(3)(A)(ii), 203(b)(4),
            203(b)(5) of the Immigration and Nationality Act (as in effect
            before such date) shall be deemed, on and after October 1, 1996
            (or, if later, the date of such approval), to be a petition
            approved to accord status under section 203(b)(1),
            203(b)(2)(B), 203(b)(2)(C), 203(b)(3), 203(b)(4)(B),
            203(b)(4)(C), 203(b)(6), or 203(b)(5), respectively, of such
            Act (as in effect on and after such date). Nothing in this
            paragraph shall be construed as exempting the beneficiaries of
            such petitions from the numerical limitations under section
            203(b) of such Act (as amended by section 513).
              (2) Time limitation.--Paragraph (1) shall not apply more than
            two years after the date the priority date for issuance of a
            visa on the basis of such a petition has been reached.
      (c) Admissibility Standards.--When an immigrant, in possession of an
    unexpired immigrant visa issued before October 1, 1996, makes
    application for admission, the immigrant's admissibility under
    paragraph (7)(A) of section 212(a) of the Immigration and Nationality
    Act shall be determined under the provisions of law in effect on the
    date of the issuance of such visa.
      (d) Construction.--Nothing in this title shall be construed as
    affecting the provisions of section 19 of Public Law 97-116, section
    2(c)(1) of Public Law 97-271, or section 202(e) of Public Law 99-603.

    SEC. 553. SPECIAL TRANSITION FOR CERTAIN BACKLOGGED SPOUSES AND
                        CHILDREN OF LAWFUL PERMANENT RESIDENT ALIENS.

      (a) In General.--(1) In addition to any immigrant visa numbers
    otherwise available, immigrant visa numbers in a number not to exceed
    50,000 (or, if greater, \1/5\ of the number of aliens described in
    paragraph (2)) immigrant visa numbers shall be made available in each
    of fiscal years 1997 through 2001 for aliens who have petitions
    approved for classification under section 203(a)(1) of the Immigration
    and Nationality Act (as amended by this title) for the fiscal year.
      (2) Aliens described in this paragraph are aliens, for whom petitions
    are pending as of the beginning of the fiscal year involved, with
    respect to whom the petitioning alien became an alien admitted for
    lawful permanent residence through the operation of section 210 or 245A
    of the Immigration and Nationality Act.
      (b) Order.--(1) Subject to paragraph (2), visa numbers under this
    section shall be made available in the order in which a petition, in
    behalf of each such immigrant for classification under section
    203(a)(1) of the Immigration and Nationality Act, is filed with the
    Attorney General under section 204 of such Act.
      (2) Visa numbers shall first be made available to aliens for whom the
    petitioning alien did not become an alien lawfully admitted for
    permanent residence thorough the operation of section 210 or 245A of
    the Immigration and Nationality Act.
      (3) The per country numerical limitations of section 202 of such Act
    shall not apply with respect to visa numbers made available under this
    section, and visa numbers made available under this section shall not
    be counted in determining whether there are excess family admissions in
    a fiscal year under section 201(c)(3)(B) of the Immigration and
    Nationality Act (as amended by section 501(b)).
      (c) Report.--The Attorney General shall submit to Congress, by April
    1, 2001, a report on the operation of this section and the extent to
    which this section will, by October 1, 2001, have resulted in visa
    numbers being available to immigrants described in paragraphs (1) and
    (2) of subsection (b) being available on a current basis.

    SEC. 554. SPECIAL TREATMENT OF CERTAIN DISADVANTAGED FAMILY FIRST
                        PREFERENCE IMMIGRANTS.

      (a) Disregard of Per Country Limits for Last Half of Fiscal Year
    1996.--The per country numerical limitations specified in section
    202(a) of the Immigration and Nationality Act shall not apply to
    immigrant numbers made available under section 203(a)(1) of such Act
    (as in effect before the date of the enactment of this Act) on or after
    April 1, 1996, but only to the extent necessary to assure that the
    priority date for aliens classified under such section who are
    nationals of a country is not earlier than the priority date for aliens
    classified under section 203(a)(2)(B) of such Act for aliens who are
    nationals of that country.
      (b) Additional Visa Numbers Potentially Available To Assure Equitable
    Treatment for Unmarried Sons and Daughters of United States Citizens.--
              (1) In general.--In addition to any immigrant visa otherwise
            available, immigrant visa numbers shall be made available
            during fiscal year 1997 for disadvantaged family first
            preference aliens (as defined in paragraph (2)) and for spouses
            and children of such aliens who would otherwise be eligible to
            immigrant status under section 203(e) of the Immigration and
            Nationality Act in relation to such aliens if the aliens
            remained entitled to immigrant status under section 203(a) of
            such Act.
              (2) Disadvantaged family first preference alien defined.--In
            this subsection, the term ``disadvantaged family first
            preference alien'' means an alien--
                      (A) with respect to whom a petition for
                    classification under section 203(a)(1) of the
                    Immigration and Nationality Act (as in effect on the
                    date of the enactment of this Act) was approved as of
                    September 30, 1996, and
                      (B) whose priority date, as of September 30, 1996,
                    under such classification was earlier than the priority
                    date as of such date for aliens of the same nationality
                    with respect to whom a petition for classification
                    under section 203(a)(2)(B) of such Act (as in effect on
                    such date) had been approved.
              (3) Disregard of per country numerical limitations.--
            Additional visa numbers made available under this subsection
            shall not be taken into account for purposes of applying any
            numerical limitation applicable to the country under section
            202 of such Act, and visa numbers made available under this
            subsection shall not be counted in determining whether there
            are excess family admissions in a fiscal year under section
            201(c)(3)(B) of the Immigration and Nationality Act (as amended
            by section 501(b) of this Act).

    SEC. 555. AUTHORIZATION OF REIMBURSEMENT OF PETITIONERS FOR ELIMINATED
                        FAMILY-SPONSORED CATEGORIES.

      (a) In General.--Subject to the availability of appropriations, after
    the effective date of this title, the Attorney General shall establish
    a process to provide for the reimbursement to each petitioner of all
    fees paid to the United States, and which were required to be paid
    under the Immigration and Nationality Act, for a petition, which was
    not disapproved as of such date and for which a visa has not been
    issued, for a family-sponsored immigrant category which is eliminated
    by this title or the amendments made by this title. Any such process
    shall provide that such a petitioner shall present any required
    documentation or other proof of such claim, in person, to the
    Immigration and Naturalization Service.
      (b) Authorization of Appropriations.--There are authorized to be
    appropriated such sums as are necessary to carry out this section.

                 TITLE VI--RESTRICTIONS ON BENEFITS FOR ALIENS

    SEC. 600. STATEMENTS OF NATIONAL POLICY CONCERNING WELFARE AND
                        IMMIGRATION.

      The Congress makes the following statements concerning national
    policy with respect to welfare and immigration:
              (1) Self-sufficiency has been a basic principle of United
            States immigration law since this country's earliest
            immigration statutes.
              (2) It continues to be the immigration policy of the United
            States that--
                      (A) aliens within the nation's borders not depend on
                    public resources to meet their needs, but rather rely
                    on their own capabilities and the resources of their
                    families, their sponsors, and private organizations,
                    and
                      (B) the availability of public benefits not
                    constitute an incentive for immigration to the United
                    States.
              (3) Despite the principle of self-sufficiency, aliens have
            been applying for and receiving public benefits from Federal,
            State, and local governments at increasing rates.
              (4) Current eligibility rules for public assistance and
            unenforceable financial support agreements have proved wholly
            incapable of assuring that individual aliens not burden the
            public benefits system.
              (5) It is a compelling government interest to enact new rules
            for eligibility and sponsorship agreements in order to assure
            that aliens be self-reliant in accordance with national
            immigration policy.
              (6) It is a compelling government interest to remove the
            incentive for illegal immigration provided by the availability
            of public benefits.
              (7) Where States are authorized to follow Federal eligibility
            rules for public assistance programs, the Congress strongly
            encourages the States to adopt the Federal eligibility rules.

         Subtitle A--Eligibility of Illegal Aliens for Public Benefits

                       PART 1--PUBLIC BENEFITS GENERALLY

    SEC. 601. MAKING ILLEGAL ALIENS INELIGIBLE FOR PUBLIC ASSISTANCE,
                        CONTRACTS, AND LICENSES.

      (a) Federal Programs.--Notwithstanding any other provision of law,
    except as provided in section 603, any alien who is not lawfully
    present in the United States shall not be eligible for any of the
    following:
              (1) Federal assistance programs.--To receive any benefits
            under any program of assistance provided or funded, in whole or
            in part, by the Federal Government for which eligibility (or
            the amount of assistance) is based on financial need.
              (2) Federal contracts or licenses.--To receive any grant, to
            enter into any contract or loan agreement, or to be issued (or
            have renewed) any professional or commercial license, if the
            grant, contract, loan, or license is provided or funded by any
            Federal agency.
      (b) State Programs.--Notwithstanding any other provision of law,
    except as provided in section 603, any alien who is not lawfully
    present in the United States shall not be eligible for any of the
    following:
              (1) State assistance programs.--To receive any benefits under
            any program of assistance (not described in subsection (a)(1))
            provided or funded, in whole or in part, by a State or
            political subdivision of a State for which eligibility (or the
            amount of assistance) is based on financial need.
              (2) State contracts or licenses.--To receive any grant, to
            enter into any contract or loan agreement, or to be issued (or
            have renewed) any professional or commercial license, if the
            grant, contract, loan, or license is provided or funded by any
            State agency.
      (c) Requiring Proof of Identity for Federal Contracts, Grants, Loans,
    Licenses, and Public Assistance.--
              (1) In general.--In considering an application for a Federal
            contract, grant, loan, or license, or for public assistance
            under a program described in paragraph (2), a Federal agency
            shall require the applicant to provide proof of identity under
            paragraph (3) to be considered for such Federal contract,
            grant, loan, license, or public assistance.
              (2) Public assistance programs covered.--The requirement of
            proof of identity under paragraph (1) shall apply to the
            following Federal public assistance programs:
                      (A) SSI.--The supplemental security income program
                    under title XVI of the Social Security Act, including
                    State supplementary benefits programs referred to in
                    such title.
                      (B) AFDC.--The program of aid to families with
                    dependent children under part A or E of title IV of the
                    Social Security Act.
                      (C) Social services block grant.--The program of
                    block grants to States for social services under title
                    XX of the Social Security Act.
                      (D) Medicaid.--The program of medical assistance
                    under title XIX of the Social Security Act.
                      (E) Food stamps.--The program under the Food Stamp
                    Act of 1977.
                      (F) Housing assistance.--Financial assistance as
                    defined in section 214(b) of the Housing and Community
                    Development Act of 1980.
              (3) Documents that show proof of identity.--
                      (A) In general.--Any one of the documents described
                    in subparagraph (B) may be used as proof of identity
                    under this subsection if the document is current and
                    valid. No other document or documents shall be
                    sufficient to prove identity.
                      (B) Documents described.--The documents described in
                    this subparagraph are the following:
                              (i) A United States passport (either current
                            or expired if issued both within the previous
                            20 years and after the individual attained 18
                            years of age).
                              (ii) A resident alien card.
                              (iii) A State driver's license, if presented
                            with the individual's social security account
                            number card.
                              (iv) A State identity card, if presented with
                            the individual's social security account number
                            card.
      (d) Authorization for States To Require Proof of Eligibility for
    State Programs.--In considering an application for contracts, grants,
    loans, licenses, or public assistance under any State program, a State
    is authorized to require the applicant to provide proof of eligibility
    to be considered for such State contracts, grants, loans, licenses, or
    public assistance.
      (e) Exception for Battered Aliens.--
              (1) Exception.--The limitations on eligibility for benefits
            under subsection (a) or (b) shall not apply to an alien if--
                      (A)(i) the alien has been battered or subject to
                    extreme cruelty in the United States by a spouse or
                    parent, or by a member of the spouse or parent's family
                    residing in the same household as the alien and the
                    spouse or parent consented or acquiesced to such
                    battery or cruelty, or
                      (ii) the alien's child has been battered or subject
                    to extreme cruelty in the United States by a spouse or
                    parent of the alien (without the active participation
                    of the alien in the battery or extreme cruelty) or by a
                    member of the spouse or parent's family residing in the
                    same household as the alien when the spouse or parent
                    consented or acquiesced to, and the alien did not
                    actively participate in, such battery or cruelty; and
                      (B)(i) the alien has petitioned (or petitions within
                    45 days after the first application for assistance
                    subject to the limitations under subsection (a) or (b))
                    for--
                              (I) status as a spouse or child of a United
                            States citizen pursuant to clause (ii), (iii),
                            or (iv) of section 204(a)(1)(A) of the
                            Immigration and Nationality Act,
                              (II) classification pursuant to clauses (ii)
                            or (iii) of section 204(a)(1)(B) of such Act,
                            or
                              (III) cancellation of removal and adjustment
                            of status pursuant to section 240A(b)(2) of
                            such Act ; or
                      (ii) the alien is the beneficiary of a petition filed
                    for status as a spouse or child of a United States
                    citizen pursuant to clause (i) of section 204(a)(1)(A)
                    of the Immigration and Nationality Act, or of a
                    petition filed for classification pursuant to clause
                    (i) of section 204(a)(1)(B) of such Act.
              (2) Termination of exception.--The exception under paragraph
            (1) shall terminate if no complete petition which sets forth a
            prima facie case is filed pursuant to the requirement of
            paragraph (1)(B) or (1)(C) or when an petition is denied.

    SEC. 602. MAKING UNAUTHORIZED ALIENS INELIGIBLE FOR UNEMPLOYMENT
                        BENEFITS.

      (a) In General.--Notwithstanding any other provision of law, no
    unemployment benefits shall be payable (in whole or in part) out of
    Federal funds to the extent the benefits are attributable to any
    employment of the alien in the United States for which the alien was
    not granted employment authorization pursuant to Federal law.
      (b) Procedures.--Entities responsible for providing unemployment
    benefits subject to the restrictions of this section shall make such
    inquiries as may be necessary to assure that recipients of such
    benefits are eligible consistent with this section.

    SEC. 603. GENERAL EXCEPTIONS.

      Sections 601 and 602 shall not apply to the following:
              (1) Emergency medical services.--The provision of emergency
            medical services (as defined by the Attorney General in
            consultation with the Secretary of Health and Human Services).
              (2) Public health immunizations.--Public health assistance
            for immunizations with respect to immunizable diseases and for
            testing and treatment for communicable diseases.
              (3) Short-term emergency relief.--The provision of non-cash,
            in-kind, short-term emergency relief.
              (4) Family violence services.--The provision of any services
            directly related to assisting the victims of domestic violence
            or child abuse.
              (5) School lunch act.--Programs carried out under the
            National School Lunch Act.
              (6) Child nutrition act.--Programs of assistance under the
            Child Nutrition Act of 1966.

    SEC. 604. TREATMENT OF EXPENSES SUBJECT TO EMERGENCY MEDICAL SERVICES
                        EXCEPTION.

      (a) In General.--Subject to such amounts as are provided in advance
    in appropriation Acts, each State or local government that provides
    emergency medical services (as defined for purposes of section 603(1))
    through a public hospital or other public facility (including a
    nonprofit hospital that is eligible for an additional payment
    adjustment under section 1886 of the Social Security Act) or through
    contract with another hospital or facility to an individual who is an
    alien not lawfully present in the United States is entitled to receive
    payment from the Federal Government of its costs of providing such
    services, but only to the extent that such costs are not otherwise
    reimbursed through any other Federal program and cannot be recovered
    from the alien or another person.
      (b) Confirmation of Immigration Status Required.--No payment shall be
    made under this section with respect to services furnished to an
    individual unless the identity and immigration status of the individual
    has been verified with the Immigration and Naturalization Service in
    accordance with procedures established by the Attorney General.
      (c) Administration.--This section shall be administered by the
    Attorney General, in consultation with the Secretary of Health and
    Human Services.
      (d) Effective Date.--Subsection (a) shall not apply to emergency
    medical services furnished before October 1, 1995.

    SEC. 605. REPORT ON DISQUALIFICATION OF ILLEGAL ALIENS FROM HOUSING
                        ASSISTANCE PROGRAMS.

      Not later than 90 days after the date of the enactment of this Act,
    the Secretary of Housing and Urban Development shall submit a report to
    the Committees on the Judiciary of the House of Representatives and of
    the Senate, the Committee on Banking of the House of Representatives,
    and the Committee on Banking, Housing, and Urban Affairs of the Senate,
    describing the manner in which the Secretary is enforcing section 214
    of the Housing and Community Development Act of 1980. The report shall
    contain statistics with respect to the number of aliens denied
    financial assistance under such section.

    SEC. 606. VERIFICATION OF STUDENT ELIGIBILITY FOR POSTSECONDARY FEDERAL
                        STUDENT FINANCIAL ASSISTANCE.

      No student shall be eligible for postsecondary Federal student
    financial assistance unless the student has certified that the student
    is a citizen or national of the United States or an alien lawfully
    admitted for permanent residence and the Secretary of Education has
    verified such certification through an appropriate procedure determined
    by the Attorney General.

    SEC. 607. PAYMENT OF PUBLIC ASSISTANCE BENEFITS.

      In carrying out this part, the payment or provision of benefits
    (other than those described in section 603 under a program of
    assistance described in section 601(a)(1)) shall be made only through
    an individual or person who is not ineligible to receive such benefits
    under such program on the basis of immigration status pursuant to the
    requirements and limitations of this part.

    SEC. 608. DEFINITIONS.

      For purposes of this part:
              (1) Lawful presence.--The determination of whether an alien
            is lawfully present in the United States shall be made in
            accordance with regulations of the Attorney General. An alien
            shall not be considered to be lawfully present in the United
            States for purposes of this title merely because the alien may
            be considered to be permanently residing in the United States
            under color of law for purposes of any particular program.
              (2) State.--The term ``State'' includes the District of
            Columbia, Puerto Rico, the Virgin Islands, Guam, the Northern
            Mariana Islands, and American Samoa.

    SEC. 609. REGULATIONS AND EFFECTIVE DATES.

      (a) Regulations.--The Attorney General shall first issue regulations
    to carry out this part (other than section 605) by not later than 60
    days after the date of the enactment of this Act. Such regulations
    shall take effect on an interim basis, pending change after opportunity
    for public comment.
      (b) Effective Date for Restrictions on Eligibility for Public
    Benefits.--(1) Except as provided in this subsection, section 601 shall
    apply to benefits provided, contracts or loan agreements entered into,
    and professional and commercial licenses issued (or renewed) on or
    after such date as the Attorney General specifies in regulations under
    subsection (a). Such date shall be at least 30 days, and not more than
    60 days, after the date the Attorney General first issues such
    regulations.
      (2) The Attorney General, in carrying out section 601(a)(2), may
    permit such section to be waived in the case of individuals for whom an
    application for the grant, contract, loan, or license is pending (or
    approved) as of a date that is on or before the effective date
    specified under paragraph (1).
      (c) Effective Date for Restrictions on Eligibility for Unemployment
    Benefits.--(1) Except as provided in this subsection, section 602 shall
    apply to unemployment benefits provided on or after such date as the
    Attorney General specifies in regulations under subsection (a). Such
    date shall be at least 30 days, and not more than 60 days, after the
    date the Attorney General first issues such regulations.
      (2) The Attorney General, in carrying out section 602, may permit
    such section to be waived in the case of an individual during a
    continuous period of unemployment for whom an application for
    unemployment benefits is pending as of a date that is on or before the
    effective date specified under paragraph (1).
      (d) Broad Dissemination of Information.--Before the effective dates
    specified in subsections (b) and (c), the Attorney General shall
    broadly disseminate information regarding the restrictions on
    eligibility established under this part.

                        PART 2--EARNED INCOME TAX CREDIT

    SEC. 611. EARNED INCOME TAX CREDIT DENIED TO INDIVIDUALS NOT AUTHORIZED
                        TO BE EMPLOYED IN THE UNITED STATES.

      (a) In General.--Section 32(c)(1) of the Internal Revenue Code of
    1986 (relating to individuals eligible to claim the earned income tax
    credit) is amended by adding at the end the following new subparagraph:
                      ``(F) Identification number requirement.--The term
                    `eligible individual' does not include any individual
                    who does not include on the return of tax for the
                    taxable year--
                              ``(i) such individual's taxpayer
                            identification number, and
                              ``(ii) if the individual is married (within
                            the meaning of section 7703), the taxpayer
                            identification number of such individual's
                            spouse.''
      (b) Special Identification Number.--Section 32 of the Internal
    Revenue Code of 1986 (relating to earned income) is amended by adding
    at the end the following new subsection:
      ``(k) Identification Numbers.--For purposes of subsections (c)(1)(F)
    and (c)(3)(D), a taxpayer identification number means a social security
    number issued to an individual by the Social Security Administration
    (other than a social security number issued pursuant to clause (II) (or
    that portion of clause (III) that relates to clause (II)) of section
    205(c)(2)(B)(i) of the Social Security Act).''
      (c) Extension of Procedures Applicable to Mathematical or Clerical
    Errors.--Section 6213(g)(2) of the Internal Revenue Code of 1986
    (relating to the definition of mathematical or clerical errors) is
    amended by striking ``and'' at the end of subparagraph (D), by striking
    the period at the end of subparagraph (E) and inserting ``, and'', and
    by inserting after subparagraph (E) the following new subparagraph:
                      ``(F) an omission of a correct taxpayer
                    identification number required under section 23
                    (relating to credit for families with younger children)
                    or section 32 (relating to the earned income tax
                    credit) to be included on a return.''.
      (d) Effective Date.--The amendments made by this section shall apply
    to taxable years beginning after December 31, 1995.

    Subtitle B--Expansion of Disqualification From Immigration Benefits on
                           the Basis of Public Charge

    SEC. 621. GROUND FOR INADMISSIBILITY.

      (a) In General.--Paragraph (4) of section 212(a) (8 U.S.C. 1182(a))
    is amended to read as follows:
              ``(4) Public charge.--
                      ``(A) Family-sponsored immigrants.--Any alien who
                    seeks admission or adjustment of status under a visa
                    number issued under section 203(a), who cannot
                    demonstrate to the consular officer at the time of
                    application for a visa, or to the Attorney General at
                    the time of application for admission or adjustment of
                    status, that the alien's age, health, family status,
                    assets, resources, financial status, education, skills,
                    or a combination thereof, or an affidavit of support
                    described in section 213A, or both, make it unlikely
                    that the alien will become a public charge (as
                    determined under section 241(a)(5)(B)) is inadmissible.
                      ``(B) Nonimmigrants.--Any alien who seeks admission
                    under a visa number issued under section 214, who
                    cannot demonstrate to the consular officer at the time
                    of application for the visa that the alien's age,
                    health, family status, assets, resources, financial
                    status, education, skills or a combination thereof, or
                    an affidavit of support described in section 213A, or
                    both, make it unlikely that the alien will become a
                    public charge (as determined under section
                    241(a)(5)(B)) is inadmissible.
                      ``(C) Employment-based immigrants.--
                              ``(i) In general.--Any alien who seeks
                            admission or adjustment of status under a visa
                            number issued under paragraph (2) or (3) of
                            section 203(b) who cannot demonstrate to the
                            consular officer at the time of application for
                            a visa, or to the Attorney General at the time
                            of application for admission or adjustment of
                            status, that the immigrant has a valid offer of
                            employment is inadmissible.
                              ``(ii) Certain employment-based immigrants.--
                            Any alien who seeks admission or adjustment of
                            status under a visa number issued under section
                            203(b) by virtue of a classification petition
                            filed by a relative of the alien (or by an
                            entity in which such relative has a significant
                            ownership interest) is inadmissible unless such
                            relative has executed an affidavit of support
                            described in section 213A with respect to such
                            alien.''.
      (b) Effective Date.--(1) Subject to paragraph (2), the amendment made
    by subsection (a) shall apply to applications submitted on or after
    such date, not earlier than 30 days and not later than 60 days after
    the date the Attorney General promulgates under section 632(f) a
    standard form for an affidavit of support, as the Attorney General
    shall specify.
      (2) Section 212(a)(4)(C)(i) of the Immigration and Nationality Act,
    as amended by subsection (a), shall apply only to aliens seeking
    admission or adjustment of status under a visa number issued on or
    after October 1, 1996.

    SEC. 622. GROUND FOR DEPORTABILITY.

      (a) In General.--Paragraph (5) of subsection (a) of section 241 (8
    U.S.C. 1251(a)), before redesignation as section 237 by section
    305(a)(2), is amended to read as follows:
              ``(5) Public charge.--
                      ``(A) In general.--Any alien who, within 7 years
                    after the date of entry or admission, becomes a public
                    charge is deportable.
                      ``(B) Exceptions.--(i) Subparagraph (A) shall not
                    apply if the alien establishes that the alien has
                    become a public charge from causes that arose after
                    entry or admission. A condition that the alien knew (or
                    had reason to know) existed at the time of entry or
                    admission shall be deemed to be a cause that arose
                    before entry or admission.
                      ``(ii) The Attorney General, in the discretion of the
                    Attorney General, may waive the application of
                    subparagraph (A) in the case of an alien who is
                    admitted as a refugee under section 207 or granted
                    asylum under section 208.
                      ``(C) Individuals treated as public charge.--
                              ``(i) In general.--For purposes of this
                            title, an alien is deemed to be a `public
                            charge' if the alien receives benefits (other
                            than benefits described in subparagraph (E))
                            under one or more of the public assistance
                            programs described in subparagraph (D) for an
                            aggregate period, except as provided in clauses
                            (ii) and (iii), of at least 12 months within 7
                            years after the date of entry. The previous
                            sentence shall not be construed as excluding
                            any other bases for considering an alien to be
                            a public charge, including bases in effect on
                            the day before the date of the enactment of the
                            Immigration in the National Interest Act of
                            1995. The Attorney General, in consultation
                            with the Secretary of Health and Human
                            Services, shall establish rules regarding the
                            counting of health benefits described in
                            subparagraph (D)(iv) for purposes of this
                            subparagraph.
                              ``(ii) Determination with respect to battered
                            women and children.--For purposes of a
                            determination under clause (i) and except as
                            provided in clause (iii), the aggregate period
                            shall be 48 months within 7 years after the
                            date of entry if the alien can demonstrate that
                            (I) the alien has been battered or subject to
                            extreme cruelty in the United States by a
                            spouse or parent, or by a member of the spouse
                            or parent's family residing in the same
                            household as the alien and the spouse or parent
                            consented or acquiesced to such battery or
                            cruelty, or (II) the alien's child has been
                            battered or subject to extreme cruelty in the
                            United States by a spouse or parent of the
                            alien (without the active participation of the
                            alien in the battery or extreme cruelty), or by
                            a member of the spouse or parent's family
                            residing in the same household as the alien
                            when the spouse or parent consented or
                            acquiesced to and the alien did not actively
                            participate in such battery or cruelty, and the
                            need for the public benefits received has a
                            substantial connection to the battery or
                            cruelty described in subclause (I) or (II).
                              ``(iii) Special rule for ongoing battery or
                            cruelty.--For purposes of a determination under
                            clause (i), the aggregate period may exceed 48
                            months within 7 years after the date of entry
                            if the alien can demonstrate that any battery
                            or cruelty under clause (ii) is ongoing, has
                            led to the issuance of an order of a judge or
                            an administrative law judge or a prior
                            determination of the Service, and that the need
                            for the benefits received has a substantial
                            connection to such battery or cruelty.
                      ``(D) Public assistance programs.--For purposes of
                    subparagraph (B), the public assistance programs
                    described in this subparagraph are the following (and
                    include any successor to such a program as identified
                    by the Attorney General in consultation with other
                    appropriate officials):
                              ``(i) SSI.--The supplemental security income
                            program under title XVI of the Social Security
                            Act, including State supplementary benefits
                            programs referred to in such title.
                              ``(ii) AFDC.--The program of aid to families
                            with dependent children under part A or E of
                            title IV of the Social Security Act.
                              ``(iii) Medicaid.--The program of medical
                            assistance under title XIX of the Social
                            Security Act.
                              ``(iv) Food stamps.--The program under the
                            Food Stamp Act of 1977.
                              ``(v) State general cash assistance.--A
                            program of general cash assistance of any State
                            or political subdivision of a State.
                              ``(vi) Housing assistance.--Financial
                            assistance as defined in section 214(b) of the
                            Housing and Community Development Act of 1980.
                      ``(E) Certain assistance excepted.--For purposes of
                    subparagraph (B), an alien shall not be considered to
                    be a public charge on the basis of receipt of any of
                    the following benefits:
                              ``(i) Emergency medical services.--The
                            provision of emergency medical services (as
                            defined by the Attorney General in consultation
                            with the Secretary of Health and Human
                            Services).
                              ``(ii) Public health immunizations.--Public
                            health assistance for immunizations with
                            respect to immunizable diseases and for testing
                            and treatment for communicable diseases.
                              ``(iii) Short-term emergency relief.--The
                            provision of non-cash, in-kind, short-term
                            emergency relief.''.
      (b) Effective Date.--(1) The amendment made by subsection (a) shall
    take effect as of the first day of the first month beginning at least
    30 days after the date of the enactment of this Act.
      (2) In applying section 241(a)(5)(C) of the Immigration and
    Nationality Act (which is subsequently redesignated as section
    237(a)(5)(C) of such Act), as amended by subsection (a), no receipt of
    benefits under a public assistance program before the effective date
    described in paragraph (1) shall be taken into account.

          Subtitle C--Attribution of Income and Affidavits of Support

    SEC. 631. ATTRIBUTION OF SPONSOR'S INCOME AND RESOURCES TO FAMILY-
                        SPONSORED IMMIGRANTS.

      (a) Federal Programs.--Notwithstanding any other provision of law, in
    determining the eligibility and the amount of benefits of an alien for
    any Federal means-tested public benefits program (as defined in
    subsection (d)) the income and resources of the alien shall be deemed
    to include--
              (1) the income and resources of any individual who executed
            an affidavit of support pursuant to section 213A of the
            Immigration and Nationality Act (as inserted by section 632(a))
            in behalf of such alien, and
              (2) the income and resources of the spouse (if any) of the
            individual.
      (b) Period of Attribution.--
              (1) Parents of united states citizens.--Subsection (a) shall
            apply with respect to an alien who is admitted to the United
            States as the parent of a United States citizen under section
            203(a)(2) of the Immigration and Nationality Act, as amended by
            section 512(a), until the alien is naturalized as a citizen of
            the United States.
              (2) Spouses of united states citizens and lawful permanent
            residents.--Subsection (a) shall apply with respect to an alien
            who is admitted to the United States as the spouse of a United
            States citizen or lawful permanent resident under section
            201(b)(2) of 203(a)(1) of the Immigration and Nationality Act
            until--
                      (A) 7 years after the date the alien is lawfully
                    admitted to the United States for permanent residence,
                    or
                      (B) the alien is naturalized as a citizen of the
                    United States,
            whichever occurs first.
              (3) Minor children of united states citizens and lawful
            permanent residents.--Subsection (a) shall apply with respect
            to an alien who is admitted to the United States as the minor
            child of a United States citizen or lawful permanent resident
            under section 201(b)(2) of 203(a)(1) of the Immigration and
            Nationality Act until the child attains the age of 21 years or,
            if earlier, the date the child is naturalized as a citizen of
            the United States.
              (4) Attribution of sponsor's income and resources ended if
            sponsored alien becomes eligible for old-age benefits under
            title ii of the social security act.--
                      (A) Notwithstanding any other provision of this
                    section, subsection (a) shall not apply and the period
                    of attribution of a sponsor's income and resources
                    under this subsection shall terminate if the alien is
                    employed for a period sufficient to qualify for old age
                    benefits under title II of the Social Security Act and
                    the alien is able to prove to the satisfaction of the
                    Attorney General that the alien so qualifies.
                      (B) The Attorney General shall ensure that
                    appropriate information pursuant to subparagraph (A) is
                    provided to the System for Alien Verification of
                    Eligibility (SAVE).
              (5) Battered women and children.--Notwithstanding any other
            provision of this section, subsections (a) and (c) shall not
            apply and the period of attribution of the income and resources
            of any individual under paragraphs (1) or (2) of subsection (a)
            or paragraph (1) shall not apply--
                      (A) for up to 48 months if the alien can demonstrate
                    that (i) the alien has been battered or subject to
                    extreme cruelty in the United States by a spouse or
                    parent, or by a member of the spouse or parent's family
                    residing in the same household as the alien and the
                    spouse or parent consented or acquiesced to such
                    battery or cruelty, or (ii) the alien's child has been
                    battered or subject to extreme cruelty in the United
                    States by a spouse or parent of the alien (without the
                    active participation of the alien in the battery or
                    extreme cruelty), or by a member of the spouse or
                    parent's family residing in the same household as the
                    alien when the spouse or parent consented or acquiesced
                    to and the alien did not actively participate in such
                    battery or cruelty, and need for the public benefits
                    applied for has a substantial connection to the battery
                    or cruelty described in clause (i) or (ii); and
                      (B) for more than 48 months if the alien can
                    demonstrate that any battery or cruelty under
                    subparagraph (A) is ongoing, has led to the issuance of
                    an order of a judge or an administrative law judge or a
                    prior determination of the Service, and that need for
                    such benefits has a substantial connection to such
                    battery or cruelty.
      (c) Optional Application to State Programs.--
              (1) Authority.--Notwithstanding any other provision of law,
            in determining the eligibility and the amount of benefits of an
            alien for any State means-tested public benefits program, the
            State or political subdivision that offers the program is
            authorized to provide that the income and resources of the
            alien shall be deemed to include--
                      (A) the income and resources of any individual who
                    executed an affidavit of support pursuant to section
                    213A of the Immigration and Nationality Act (as
                    inserted by section 632(a)) in behalf of such alien,
                    and
                      (B) the income and resources of the spouse (if any)
                    of the individual.
              (2) Period of attribution.--The period of attribution of a
            sponsor's income and resources in determining the eligibility
            and amount of benefits for an alien under any State means-
            tested public benefits program pursuant to paragraph (1) may
            not exceed the Federal period of attribution with respect to
            the alien.
      (d) Means-Tested Program Defined.--In this section:
              (1) The term ``means-tested public benefits program'' means a
            program of public benefits (including cash, medical, housing,
            and food assistance and social services) of the Federal
            Government or of a State or political subdivision of a State in
            which the eligibility of an individual, household, or family
            eligibility unit for benefits under the program, or the amount
            of such benefits, or both are determined on the basis of
            income, resources, or financial need of the individual,
            household, or unit.
              (2) The term ``Federal means-tested public benefits program''
            means a means-tested public benefits program of (or contributed
            to by) the Federal Government.
              (3) The term ``State means-tested public benefits program''
            means a means-tested public benefits program that is not a
            Federal means-tested program.

    SEC. 632. REQUIREMENTS FOR SPONSOR'S AFFIDAVIT OF SUPPORT.

      (a) In General.--Title II is amended by inserting after section 213
    the following new section:
               ``requirements for sponsor's affidavit of support
      ``Sec. 213A. (a) Enforceability.--(1) No affidavit of support may be
    accepted by the Attorney General or by any consular officer to
    establish that an alien is not inadmissible as a public charge under
    section 212(a)(4) unless such affidavit is executed by a sponsor of the
    alien as a contract--
              ``(A) that is legally enforceable against the sponsor by the
            Federal Government and by any State (or any political
            subdivision of such State) that provides any means-tested
            public benefits program, subject to subsection (b)(4); and
              ``(B) in which the sponsor agrees to submit to the
            jurisdiction of any Federal or State court for the purpose of
            actions brought under subsection (b)(2).
      ``(2)(A) An affidavit of support shall be enforceable with respect to
    benefits provided under any means-tested public benefits program for an
    alien who is admitted to the United States as the parent of a United
    States citizen under section 203(a)(2) until the alien is naturalized
    as a citizen of the United States.
      ``(B) An affidavit of support shall be enforceable with respect to
    benefits provided under any means-tested public benefits program for an
    alien who is admitted to the United States as the spouse of a United
    States citizen or lawful permanent resident under section 201(b)(2) or
    203(a)(2) until--
              ``(i) 7 years after the date the alien is lawfully admitted
            to the United States for permanent residence, or
              ``(ii) such time as the alien is naturalized as a citizen of
            the United States,
    whichever occurs first.
      ``(C) An affidavit of support shall be enforceable with respect to
    benefits provided under any means-tested public benefits program for an
    alien who is admitted to the United States as the minor child of a
    United States citizen or lawful permanent resident under section
    201(b)(2) or section 203(a)(2) until the child attains the age of 21
    years.
      ``(D)(i) Notwithstanding any other provision of this subparagraph, a
    sponsor shall be relieved of any liability under an affidavit of
    support if the sponsored alien is employed for a period sufficient to
    qualify for old age benefits under title II of the Social Security Act
    and the sponsor or alien is able to prove to the satisfaction of the
    Attorney General that the alien so qualifies.
      ``(ii) The Attorney General shall ensure that appropriate information
    pursuant to clause (i) is provided to the System for Alien Verification
    of Eligibility (SAVE).
      ``(b) Reimbursement of Government Expenses.--(1)(A) Upon notification
    that a sponsored alien has received any benefit under any means-tested
    public benefits program, the appropriate Federal, State, or local
    official shall request reimbursement by the sponsor in the amount of
    such assistance.
      ``(B) The Attorney General, in consultation with the Secretary of
    Health and Human Services, shall prescribe such regulations as may be
    necessary to carry out subparagraph (A).
      ``(2) If within 45 days after requesting reimbursement, the
    appropriate Federal, State, or local agency has not received a response
    from the sponsor indicating a willingness to commence payments, an
    action may be brought against the sponsor pursuant to the affidavit of
    support.
      ``(3) If the sponsor fails to abide by the repayment terms
    established by such agency, the agency may, within 60 days of such
    failure, bring an action against the sponsor pursuant to the affidavit
    of support.
      ``(4) No cause of action may be brought under this subsection later
    than 10 years after the alien last received any benefit under any
    means-tested public benefits program.
      ``(5) If, pursuant to the terms of this subsection, a Federal, State,
    or local agency requests reimbursement from the sponsor in the amount
    of assistance provided, or brings an action against the sponsor
    pursuant to the affidavit of support, the appropriate agency may
    appoint or hire an individual or other person to act on behalf of such
    agency acting under the authority of law for purposes of collecting any
    moneys owed. Nothing in this subsection shall preclude any appropriate
    Federal, State, or local agency from directly requesting reimbursement
    from a sponsor for the amount of assistance provided, or from bringing
    an action against a sponsor pursuant to an affidavit of support.
      ``(c) Remedies.--Remedies available to enforce an affidavit of
    support under this section include any or all of the remedies described
    in section 3201, 3203, 3204, or 3205 of title 28, United States Code,
    as well as an order for specific performance and payment of legal fees
    and other costs of collection, and include corresponding remedies
    available under State law. A Federal agency may seek to collect amounts
    owed under this section in accordance with the provisions of subchapter
    II of chapter 37 of title 31, United States Code.
      ``(d) Notification of Change of Address.--(1) The sponsor of an alien
    shall notify the Federal Government and the State in which the
    sponsored alien is currently residing within 30 days of any change of
    address of the sponsor during the period specified in subsection
    (a)(1).
      ``(2) Any person subject to the requirement of paragraph (1) who
    fails to satisfy such requirement shall be subject to a civil penalty
    of--
              ``(A) not less than $250 or more than $2,000, or
              ``(B) if such failure occurs with knowledge that the
            sponsored alien has received any benefit under any means-tested
            public benefits program, not less than $2,000 or more than
            $5,000.
      ``(e) Definitions.--For the purposes of this section--
              ``(1) Sponsor.--The term `sponsor' means, with respect to an
            alien, an individual who--
                      ``(A) is a citizen or national of the United States
                    or an alien who is lawfully admitted to the United
                    States for permanent residence;
                      ``(B) is 18 years of age or over;
                      ``(C) is domiciled in any State;
                      ``(D) demonstrates, through presentation of a
                    certified copy of a tax return or otherwise, (i) the
                    means to maintain an annual income equal to at least
                    200 percent of the poverty level for the individual and
                    the individual's family (including the alien and any
                    other aliens with respect to whom the individual is a
                    sponsor), or (ii) for an individual who is on active
                    duty (other than active duty for training) in the Armed
                    Forces of the United States, the means to maintain an
                    annual income equal to at least 100 percent of the
                    poverty level for the individual and the individual's
                    family including the alien and any other aliens with
                    respect to whom the individual is a sponsor); and
                      ``(E) is petitioning for the admission of the alien
                    under section 204 (or is an individual who accepts
                    joint and several liability with the petitioner).
              ``(2) Federal poverty line.--The term `Federal poverty line'
            means the income official poverty line (as defined in section
            673(2) of the Community Services Block Grant Act) that is
            applicable to a family of the size involved.
              ``(3) Means-tested public benefits program.--The term `means-
            tested public benefits program' means a program of public
            benefits (including cash, medical, housing, and food assistance
            and social services) of the Federal Government or of a State or
            political subdivision of a State in which the eligibility of an
            individual, household, or family eligibility unit for benefits
            under the program, or the amount of such benefits, or both are
            determined on the basis of income, resources, or financial need
            of the individual, household, or unit.''.
      (b) Requirement of Affidavit of Support From Employment Sponsors.--
    For requirement for affidavit of support from individuals who file
    classification petitions for a relative as an employment-based
    immigrant, see the amendment made by section 621(a).
      (c) Settlement of Claims Prior to Naturalization.--Section 316 (8
    U.S.C. 1427) is amended--
              (1) in subsection (a), by striking ``and'' before ``(3)'',
            and by inserting before the period at the end the following:
            ``, and (4) in the case of an applicant that has received
            assistance under a means-tested public benefits program (as
            defined in subsection (f)(3) of section 213A) administered by a
            Federal, State, or local agency and with respect to which
            amounts may be owing under an affidavit of support executed
            under such section, provides satisfactory evidence that there
            are no outstanding amounts that may be owed to any such
            Federal, State, or local agency pursuant to such affidavit by
            the sponsor who executed such affidavit, except as provided in
            subsection (g)''; and
              (2) by adding at the end the following new subsection:
      ``(g) Clause (4) of subsection (a) shall not apply to an applicant
    where the applicant can demonstrate that--
              ``(A) either--
                      ``(i) the applicant has been battered or subject to
                    extreme cruelty in the United States by a spouse or
                    parent or by a member of the spouse or parent's family
                    residing in the same household as the applicant and the
                    spouse or parent consented or acquiesced to such
                    battery or cruelty, or
                      ``(ii) the applicant's child has been battered or
                    subject to extreme cruelty in the United States by the
                    applicant's spouse or parent (without the active
                    participation of the applicant in the battery or
                    extreme cruelty), or by a member of the spouse or
                    parent's family residing in the same household as the
                    applicant when the spouse or parent consented or
                    acquiesced to and the applicant did not actively
                    participate in such battery or cruelty;
              ``(B) such battery or cruelty has led to the issuance of an
            order of a judge or an administrative law judge or a prior
            determination of the Service; and
              ``(C) the need for the public benefits received as to which
            amounts are owing had a substantial connection to the battery
            or cruelty described in subparagraph (A).''.
      (d) Clerical Amendment.--The table of contents is amended by
    inserting after the item relating to section 213 the following:

    ``Sec. 213A.  Requirements for sponsor's affidavit of support.''.

      (e) Effective Date.--Subsection (a) of section 213A of the
    Immigration and Nationality Act, as inserted by subsection (a) of this
    section, shall apply to affidavits of support executed on or after a
    date specified by the Attorney General, which date shall be not earlier
    than 60 days (and not later than 90 days) after the date the Attorney
    General formulates the form for such affidavits under subsection (f) of
    this section.
      (f) Promulgation of Form.--Not later than 90 days after the date of
    the enactment of this Act, the Attorney General, in consultation with
    the Secretary of State and the Secretary of Health and Human Services,
    shall promulgate a standard form for an affidavit of support consistent
    with the provisions of section 213A of the Immigration and Nationality
    Act.

                     TITLE VII--FACILITATION OF LEGAL ENTRY

    SEC. 701. ADDITIONAL LAND BORDER INSPECTORS; INFRASTRUCTURE
                        IMPROVEMENTS.

      (a) Increased Personnel.--
              (1) In general.--In order to eliminate undue delay in the
            thorough inspection of persons and vehicles lawfully attempting
            to enter the United States, the Attorney General and Secretary
            of the Treasury shall increase, by approximately equal numbers
            in each of the fiscal years 1996 and 1997, the number of full-
            time land border inspectors assigned to active duty by the
            Immigration and Naturalization Service and the United States
            Customs Service to a level adequate to assure full staffing
            during peak crossing hours of all border crossing lanes now in
            use, under construction, or construction of which has been
            authorized by Congress.
              (2) Deployment of personnel.--The Attorney General and the
            Secretary of the Treasury shall, to the maximum extent
            practicable, ensure that the personnel hired pursuant to this
            subsection shall be deployed among the various Immigration and
            Naturalization Service sectors in proportion to the number of
            land border crossings measured in each such sector during the
            preceding fiscal year.
      (b) Improved Infrastructure.--
              (1) In general.--The Attorney General may, from time to time,
            in consultation with the Secretary of the Treasury, identify
            those physical improvements to the infrastructure of the
            international land borders of the United States necessary to
            expedite the inspection of persons and vehicles attempting to
            lawfully enter the United States in accordance with existing
            policies and procedures of the Immigration and Naturalization
            Service, the United States Customs Service, and the Drug
            Enforcement Agency.
              (2) Priorities.--Such improvements to the infrastructure of
            the land border of the United States shall be substantially
            completed and fully funded in those portions of the United
            States where the Attorney General, in consultation with the
            Committees on the Judiciary of the House of Representatives and
            the Senate, objectively determines the need to be greatest or
            most immediate before the Attorney General may obligate funds
            for construction of any improvement otherwise located.

    SEC. 702. COMMUTER LANE PILOT PROGRAMS.

      (a) Making Land Border Inspection Fee Permanent.--Section 286(q) (8
    U.S.C. 1356(q)) is amended--
              (1) in paragraph (1), by striking ``a project'' and inserting
            ``projects'';
              (2) in paragraph (1), by striking ``Such project'' and
            inserting ``Such projects''; and
              (3) by striking paragraph (5).
      (b) Conforming Amendment.--The Departments of Commerce, Justice, and
    State, the Judiciary, and Related Agencies Appropriation Act, 1994
    (Public Law 103-121, 107 Stat. 1161) is amended by striking the fourth
    proviso under the heading ``Immigration and Naturalization Service,
    Salaries and Expenses''.

    SEC. 703. PREINSPECTION AT FOREIGN AIRPORTS.

      (a) In General.--The Immigration and Nationality Act is amended by
    inserting after section 235 the following new section:
                      ``preinspection at foreign airports
      ``Sec. 235A. (a) Establishment of Preinspection Stations.--(1)
    Subject to paragraph (4), not later than 2 years after the date of the
    enactment of this section, the Attorney General, in consultation with
    the Secretary of State, shall establish and maintain preinspection
    stations in at least 5 of the foreign airports that are among the 10
    foreign airports which the Attorney General identifies as serving as
    last points of departure for the greatest numbers of passengers who
    arrive from abroad by air at ports of entry within the United States.
    Such preinspection stations shall be in addition to any preinspection
    stations established prior to the date of the enactment of this
    section.
      ``(2) Not later than November 1, 1995, and each subsequent November
    1, the Attorney General shall compile data identifying--
              ``(A) the foreign airports which served as last points of
            departure for aliens who arrived by air at United States ports
            of entry without valid documentation during the preceding
            fiscal years,
              ``(B) the number and nationality of such aliens arriving from
            each such foreign airport, and
              ``(C) the primary routes such aliens followed from their
            country of origin to the United States.
      ``(3) Subject to paragraph (4), not later than 4 years after the date
    of enactment of this section, the Attorney General, in consultation
    with the Secretary of State, shall establish preinspection stations in
    at least 5 additional foreign airports which the Attorney General, in
    consultation with the Secretary of State, determines based on the data
    compiled under paragraph (2) and such other information as may be
    available would most effectively reduce the number of aliens who arrive
    from abroad by air at points of entry within the United States without
    valid documentation. Such preinspection stations shall be in addition
    to those established prior to or pursuant to paragraph (1).
      ``(4) Prior to the establishment of a preinspection station the
    Attorney General, in consultation with the Secretary of State, shall
    ensure that--
              ``(A) employees of the United States stationed at the
            preinspection station and their accompanying family members
            will receive appropriate protection,
              ``(B) such employees and their families will not be subject
            to unreasonable risks to their welfare and safety, and
              ``(C) the country in which the preinspection station is to be
            established maintains practices and procedures with respect to
            asylum seekers and refugees in accordance with the Convention
            Relating to the Status of Refugees (done at Geneva, July 28,
            1951), or the Protocol Relating to the Status of Refugees (done
            at New York, January 31, 1967).
      ``(b) Establishment of Carrier Consultant Program.--The Attorney
    General shall assign additional immigration officers to assist air
    carriers in the detection of fraudulent documents at foreign airports
    which, based on the records maintained pursuant to subsection (a)(2),
    served as a point of departure for a significant number of arrivals at
    United States ports of entry without valid documentation, but where no
    preinspection station exists.''.
      (c) Clerical Amendment.--The table of contents, as amended by section
    308(a)(2), is further amended by inserting after the item relating to
    section 235 the following new item:

    ``Sec. 235A.  Preinspection at foreign airports.''.

    SEC. 704. TRAINING OF AIRLINE PERSONNEL IN DETECTION OF FRAUDULENT
                        DOCUMENTS.

      (a) Use of Funds.--Section 286(h)(2)(A) (8 U.S.C. 1356(h)(2)(A)) is
    amended--
              (1) in clause (iv), by inserting ``, including training of,
            and technical assistance to, commercial airline personnel
            regarding such detection'' after ``United States'', and
              (2) by adding at the end the following:
    ``The Attorney General shall provide for expenditures for training and
    assistance described in clause (iv) in an amount, for any fiscal year,
    not less than 5 percent of the total of the expenses incurred that are
    described in the previous sentence.''.
      (b) Compliance With Detection Regulations.--Section 212(f) (8 U.S.C.
    1182(f)) is amended by adding at the end the following: ``Whenever the
    Attorney General finds that a commercial airline has failed to comply
    with regulations of the Attorney General relating to requirements of
    airlines for the detection of fraudulent documents used by passengers
    traveling to the United States (including the training of personnel in
    such detection), the Attorney General may suspend the entry of some or
    all aliens transported to the United States by such airline.''.
      (c) Effective Dates.--
              (1) The amendments made by subsection (a) shall apply to
            expenses incurred during or after fiscal year 1996.
              (2) The Attorney General shall first issue, in proposed form,
            regulations referred to in the second sentence of section
            212(f) of the Immigration and Nationality Act, as added by the
            amendment made by subsection (b), by not later than 90 days
            after the date of the enactment of this Act.

                      TITLE VIII--MISCELLANEOUS PROVISIONS

         Subtitle A--Amendments to the Immigration and Nationality Act

    SEC. 801. NONIMMIGRANT STATUS FOR SPOUSES AND CHILDREN OF MEMBERS OF
                        THE ARMED SERVICES.

      Section 101(a)(15) (8 U.S.C. 1101(a)(15)) is amended--
              (1) by striking ``or'' at the end of subparagraph (R),
              (2) by striking the period at the end of subparagraph (S) and
            inserting ``; or'', and
              (3) by inserting after subparagraph (S) the following new
            subparagraph:
              ``(T) an alien who is the spouse or child of a another alien
            who is serving on active duty in the Armed Forces of the United
            States during the period in which the other alien is stationed
            in the United States.''.

    SEC. 802. AMENDED DEFINITION OF AGGRAVATED FELONY.

      (a) In General.--Section 101(a)(43) (8 U.S.C. 1101(a)(43)), as
    amended by section 222 of the Immigration and Nationality Technical
    Corrections Act of 1994 (Public Law 103-416), is amended--
              (1) in subparagraph (N), by striking ``of title 18, United
            States Code'' and inserting ``of this Act'', and
              (2) in subparagraph (O), by striking ``which constitutes''
            and all that follows up to the semicolon at the end and
            inserting ``, for the purpose of commercial advantage''.
      (b) Effective Date of Conviction.--Section 101(a)(43) (8 U.S.C.
    1101(a)(43)), as amended by section 222(a) of the Immigration and
    Nationality Technical Corrections Act of 1994 (Public Law 103-416), is
    amended by adding at the end the following sentence: ``Notwithstanding
    any other provision of law, the term applies for all purposes to
    convictions entered before, on, or after the date of enactment of the
    Immigration and Nationality Technical Corrections Act of 1994.''.
      (c) Effective Date.--The amendments made by this section shall be
    effective as if included in the enactment of the Immigration and
    Nationality Technical Corrections Act of 1994 (Public Law 103-416).

    SEC. 803. AUTHORITY TO DETERMINE VISA PROCESSING PROCEDURES.

      (a) In General.--Section 202(a) (8 U.S.C. 1152(a)), as amended by
    section 524(d), is amended--
              (1) in paragraph (1), by striking ``paragraph (2)'' and
            inserting ``paragraphs (2) and (6)'', and
              (2) by adding at the end the following new paragraph:
              ``(6) Construction.--Nothing in paragraph (1) shall be
            construed to limit the authority of the Secretary of State to
            determine the procedures for the processing of immigrant visa
            applications or the locations where such applications will be
            processed.''.
      (b) Elimination of Consulate Shopping for Visa Overstays.--Section
    222 (8 U.S.C. 1202) is amended by adding at the end the following new
    subsection:
      ``(g) In the case of an alien who has entered and remained in the
    United States beyond the authorized period of stay, the alien is not
    eligible to be admitted to the United States as a nonimmigrant on the
    basis of a visa issued other than in a consular office located in the
    country of the alien's nationality (or, if there is no office in such
    country, at such other consular office as the Secretary of State shall
    specify).''.
      (c) Effective Date.--The amendments made by this section shall apply
    to visas issued before, on, or after the date of the enactment of this
    Act.

    SEC. 804. WAIVER AUTHORITY CONCERNING NOTICE OF DENIAL OF APPLICATION
                        FOR VISAS.

      Section 212(b) (8 U.S.C. 1182(b)) is amended--
              (1) by redesignating paragraphs (1) and (2) as subparagraphs
            (A) and (B);
              (2) by striking ``If'' and inserting ``(1) Subject to
            paragraph (2), if''; and
              (3) by inserting at the end the following paragraph:
      ``(2) With respect to applications for visas, the Secretary of State
    may waive the application of paragraph (1) in the case of a particular
    alien or any class or classes of aliens inadmissible under subsection
    (a)(2) or (a)(3).''.

    SEC. 805. TREATMENT OF CANADIAN LANDED IMMIGRANTS.

      Section 212(d)(4)(B) (8 U.S.C. 1182(d)(4)(B)) is amended--
              (1) by striking ``and residents'' and inserting ``,
            residents'', and
              (2) by striking ``nationals,'' and inserting ``nationals, and
            aliens who are granted permanent residence by the government of
            the foreign contiguous territory and who are residing in that
            territory''.

    SEC. 806. CHANGES RELATING TO H-1B NONIMMIGRANTS.

      (a) Provisions Relating to Wage Determinations.--Section 212(n) (8
    U.S.C. 1182(n)) is amended by adding at the end the following new
    paragraphs:
      ``(3) For purposes of determining the actual wage level paid under
    paragraph (1)(A)(i)(I), an employer shall not be required to have and
    document an objective system to determine the wages of workers.
      ``(4) For purposes of determining the actual wage level paid under
    paragraph (1)(A)(i)(I), a non-H-1B-dependent employer of more than
    1,000 full-time equivalent employees in the United States may
    demonstrate that in determining the wages of H-1B nonimmigrants, it
    utilizes a compensation and benefits system that has been previously
    certified by the Secretary of Labor (and recertified at such intervals
    the Secretary of Labor may designate) to satisfy all of the following
    conditions:
              ``(A) The employer has a company-wide compensation policy for
            its full-time equivalent employees which ensures salary equity
            among employees similarly employed.
              ``(B) The employer has a company-wide benefits policy under
            which all full-time equivalent employees similarly employed are
            eligible for substantially the same benefits or under which
            some employees may accept higher pay, at least equal in value
            to the benefits, in lieu of benefits.
              ``(C) The compensation and benefits policy is communicated to
            all employees.
              ``(D) The employer has a human resources or compensation
            function that administers its compensation system.
              ``(E) The employer has established documentation for the job
            categories in question.
    An employer's payment of wages consistent with a system which meets the
    conditions of subparagraphs (A) through (E) of this paragraph which has
    been certified by the Secretary of Labor pursuant to this paragraph
    shall be deemed to satisfy the requirements of paragraph (1)(A)(i)(I).
      ``(5) For purposes of determining the prevailing wage level paid
    under paragraph (1)(A)(i)(II), employers may provide a published
    survey, a State Employment Security Agency determination, a
    determination by an accepted private source, or any other legitimate
    source. The Secretary of Labor shall, not later than 180 days from the
    date of enactment of this paragraph, provide for acceptance of
    prevailing wage determinations not made by a State Employment Security
    Agency. The Secretary of Labor or the Secretary's designate must either
    accept such a non-State Employment Security Agency wage determination
    or issue a written decision rejecting the determination and detailing
    the legitimate reasons that the determination is not acceptable. If a
    detailed rejection is not issued within 45 days of the date of the
    Secretary's receipt of such determination, the determination will be
    deemed accepted. An employer's payment of wages consistent with a
    prevailing wage determination not rejected by the Secretary of Labor
    under this paragraph shall be deemed to satisfy the requirements of
    paragraph (1)(A)(i)(II).''.
      (b) Inapplicability of Certain Regulations to Non-H-1B-Dependent
    Employers.--
              (1) Definition of h-1b-dependent employer.--Section 212(n)(2)
            (8 U.S.C. 1182(n)(2)) is amended by inserting after
            subparagraph (D) the following new subparagraphs:
      ``(E) In this subsection, the term `H-1B-dependent employer' means an
    employer that--
              ``(i)(I) has fewer than 21 full-time equivalent employees who
            are employed in the United States, and (II) employs 4 or more
            H-1B nonimmigrants; or
              ``(ii)(I) has at least 21 but not more than 150 full-time
            equivalent employees who are employed in the United States, and
            (II) employs H-1B nonimmigrants in a number that is equal to at
            least 20 percent of the number of such full-time equivalent
            employees; or
              ``(iii)(I) has at least 151 full-time equivalent employees
            who are employed in the United States, and (II) employs H-1B
            nonimmigrants in a number that is equal to at least 15 percent
            of the number of such full-time equivalent employees.
    In applying this subparagraph, any group treated as a single employer
    under subsection (b), (c), (m), or (o) of section 414 of the Internal
    Revenue Code of 1986 shall be treated as a single employer. Aliens
    employed under a petition for H-1B nonimmigrants shall be treated as
    employees, and counted as nonimmigrants under section
    101(a)(15)(H)(i)(b) under this subparagraph. In this subsection, the
    term `non-H-1B-dependent employer' means an employer that is not an H-
    1B-dependent employer.
      ``(F)(i) An employer who is an H-1B-dependent employer as defined in
    subparagraph (E) can nevertheless be treated as a non-H-1B-dependent
    employer for five years on a probationary status if--
              ``(I) the employer has demonstrated to the satisfaction of
            the Secretary of Labor that it has developed a reasonable plan
            for reducing its use of H-1B nonimmigrants over a five-year
            period to the level of a non-H-1B-dependent employer, and
              ``(II) annual reviews of that plan by the Secretary of Labor
            indicate successful implementation of that plan.
    If the employer has not met the requirements established in this
    clause, the probationary status ends and the employer shall be treated
    as an H-1B-dependent employer until such time as the employer can prove
    to the Secretary of Labor that it no longer is an H-1B-dependent
    employer as defined in subparagraph (E).
      ``(ii) The probationary program set out in clause (i) shall be
    effective for no longer than five years after the date of the enactment
    of this subparagraph.''.
              (2) Limiting application of certain requirements for non-h-
            1b-dependent employers.--Section 212(n) (8 U.S.C. 1182(n)), as
            amended by subsection (a), is further amended by adding at the
            end the following new paragraph:
      ``(6) In carrying out this subsection in the case of an employer that
    is a non-H-1B-dependent employer--
              ``(A) the employer is not required to post a notice at a
            worksite that was not listed on the application under paragraph
            (1) if the worksite is within the area of intended employment
            listed on such application for such nonimmigrant; and
              ``(B) if the employer has filed and had certified an
            application under paragraph (1) with respect to one or more H-
            1B nonimmigrants for one or more areas of employment--
                      ``(i) the employer is not required to file and have
                    certified an additional application under paragraph (1)
                    with respect to such a nonimmigrant for an area of
                    employment not listed in the previous application
                    because the employer has placed one or more such
                    nonimmigrants in such a nonlisted area so long as
                    either (I) each such nonimmigrant is not placed in such
                    nonlisted areas for a period exceeding 45 workdays in
                    any 12-month period and not to exceed 90 workdays in
                    any 36-month period, or (II) each such nonimmigrant's
                    principal place of employment has not changed to a
                    nonlisted area, and
                      ``(ii) the employer is not required to pay per diem
                    and transportation costs at any specified rates for
                    work performed in such a nonlisted area.''.
              (3) Limitation on authority to initiate complaints and
            conduct investigations for non-h-1b-dependent employers.--
            Section 212(n)(2)(A) (8 U.S.C. 1182(n)(2)(A)) is amended--
                      (A) in the second sentence, by inserting before the
                    period at the end the following: ``, except that the
                    Secretary may only file such a complaint in the case of
                    an H-1B-dependent employer (as defined in subparagraph
                    (E)) or when conducting an annual review of a plan
                    pursuant to subparagraph (F)(i) if there appears to be
                    a violation of an attestation or a misrepresentation of
                    a material fact in an application'', and
                      (B) by inserting after the second sentence the
                    following new sentence: ``No investigation or hearing
                    shall be conducted with respect to a non-H-1B-dependent
                    employer except in response to a complaint filed under
                    the previous sentence.''.
      (c) No Displacement of American Workers Permitted.--(1) Section
    212(n)(1) (8 U.S.C. 1182(n)(1)) is amended by inserting after
    subparagraph (D) the following new subparagraph:
              ``(E)(i) If the employer, within the period beginning 6
            months before and ending 90 days following the date of filing
            of the application or during the 90 days immediately preceding
            and following the date of filing of any visa petition supported
            by the application, has laid off or lays off any protected
            individual with substantially equivalent qualifications and
            experience in the specific employment as to which the
            nonimmigrant is sought or is employed, the employer will pay a
            wage to the nonimmigrant that is at least 110 percent of the
            arithmetic mean of the last wage earned by all such laid off
            individuals (or, if greater, at least 110 percent of the
            arithmetic mean of the highest wage earned by all such laid off
            individuals within the most recent year if the employer reduced
            the wage of any such laid off individual during such year other
            than in accordance with a general company-wide reduction of
            wages for substantially all employees).
              ``(ii) Except as provided in clause (iii), in the case of an
            H-1B-dependent employer which employs an H-1B nonimmigrant, the
            employer shall not place the nonimmigrant with another employer
            where--
                      ``(I) the nonimmigrant performs his or her duties in
                    whole or in part at one or more worksites owned,
                    operated, or controlled by such other employer, and
                      ``(II) there are indicia of an employment
                    relationship between the nonimmigrant and such other
                    employer.
              ``(iii) Clause (ii) shall not apply to an employer's
            placement of an H-1B nonimmigrant with another employer if--
                      ``(I) the other employer has executed an attestation
                    that it, within the period beginning 6 months before
                    and ending 90 days following the date of filing of the
                    application or during the 90 days immediately preceding
                    and following the date of filing of any visa petition
                    supported by the application, has not laid off and will
                    not lay off any protected individual with substantially
                    equivalent qualifications and experience in the
                    specific employment as to which the H-1B nonimmigrant
                    is being sought or is employed, or
                      ``(II) the employer pays a wage to the nonimmigrant
                    that is at least 110 percent of the arithmetic mean of
                    the last wage earned by all such laid off individuals
                    (or, if greater, at least 110 percent of the arithmetic
                    mean of the highest wage earned by all such laid off
                    individuals within the most recent year if the other
                    employer reduced the wage of any such laid off
                    individual during such year other than in accordance
                    with a general company-wide reduction of wages for
                    substantially all employees).
              ``(iv) For purposes of this subparagraph, the term `laid
            off', with respect to an individual--
                      ``(I) refers to the individual's loss of employment,
                    other than a discharge for inadequate performance,
                    cause, voluntary departure, or retirement, and
                      ``(II) does not include any situation in which the
                    individual involved is offered, as an alternative to
                    such loss of employment, a similar job opportunity with
                    the same employer (or with the H-1B-dependent employer
                    described in clause (ii)) carrying equivalent or higher
                    compensation and benefits as the position from which
                    the employee was laid off, regardless of whether or not
                    the employee accepts the offer.
              ``(v) For purposes of this subparagraph, the term `protected
            individual' means an individual who--
                      ``(I) is a citizen or national of the United States,
                    or
                      ``(II) is an alien who is lawfully admitted for
                    permanent residence, is granted the status of an alien
                    lawfully admitted for temporary residence under section
                    210(a), 210A(a), or 245(a)(1), is admitted as a refugee
                    under section 207, or is granted asylum under section
                    208.''.
      (2) Section 212(n)(2) (8 U.S.C. 1182(n)(2)), as amended by subsection
    (b)(1), is amended by adding at the end the following new subparagraph:
      ``(G) Under regulations of the Secretary, the previous provisions of
    this paragraph shall apply to complaints respecting a failure of an
    other employer to comply with an attestation described in paragraph
    (1)(E)(iii)(I) in the same manner that they apply to complaints with
    respect to a failure to comply with a condition described in paragraph
    (1)(E)(i).''.
      (3) Section 212(n)(2)(C) (8 U.S.C. 1182(n)(2)(C)) is amended by
    inserting ``or (1)(E)'' after ``(1)(B)''.
      (d) Increased Penalties.--Section 212(n)(2) is amended--
              (1) in subparagraph (C)(i), by striking ``$1,000'' and
            inserting ``$5,000'';
              (2) by amending subparagraph (C)(ii) to read as follows:
              ``(ii) the Attorney General shall not approve petitions filed
            with respect to that employer (or any employer who is a
            successor in interest) under section 204 or 214(c) for aliens
            to be employed by the employer--
                      ``(I) during a period of at least 1 year in the case
                    of the first determination of a violation or any
                    subsequent determination of a violation occurring
                    within 1 year of that first violation or any subsequent
                    determination of a nonwillful violation occurring more
                    than 1 year after the first violation;
                      ``(II) during a period of at least 5 years in the
                    case of a determination of a willful violation
                    occurring more than 1 year after the first violation;
                    and
                      ``(III) at any time in the case of a determination of
                    a willful violation occurring more than 5 years after a
                    violation described in subclause (II).''; and
              (3) in subparagraph (D), by adding at the end the following:
            ``If a penalty under subparagraph (C) has been imposed in the
            case of a willful violation, the Secretary shall impose on the
            employer a civil monetary penalty in an amount equalling twice
            the amount of backpay.''.
      (e) Computation of Prevailing Wage Level.--Section 212(n) (8 U.S.C.
    1182(n)), as amended by subsections (a) and (b)(2), is further amended
    by adding at the end the following new paragraph:
      ``(7) In computing the prevailing wage level for an occupational
    classification in an area of employment for purposes of paragraph
    (1)(A)(i)(II) and subsection (a)(5)(A) in the case of an employee of
    (A) an institution of higher education (as defined in section 1201(a)
    of the Higher Education Act of 1965), or a related or affiliated
    nonprofit entity, or (B) a nonprofit scientific research organization,
    the prevailing wage level shall only take into account employees at
    such institutions and entities in the area of employment.''.
      (f) Conforming Amendments.--Section 212(n) (8 U.S.C. 1182(n)) is
    further amended--
              (1) in the matter in paragraph (1) before subparagraph (A),
            by inserting ``(in this subsection referred to as an `H-1B
            nonimmigrant')'' after ``101(a)(15)(H)(i)(b)''; and
              (2) in paragraph (1)(A), by striking ``nonimmigrant described
            in section 101(a)(15)(H)(i)(b)'' and inserting ``H-1B
            nonimmigrant''.
      (g) Effective Dates.--
              (1) Except as otherwise provided in this subsection, the
            amendments made by this section shall take effect on the date
            of the enactment of this Act and shall apply to applications
            filed with the Secretary of Labor on or after 30 days after the
            date of the enactment of this Act.
              (2) The amendments made by subsection (b)(3) shall apply to
            complaints filed, and to investigations or hearings initiated,
            on or after January 19, 1995.

    SEC. 807. VALIDITY OF PERIOD OF VISAS.

      (a) Extension of Validity of Immigrant Visas to 6 Months.--Section
    221(c) (8 U.S.C. 1201(c)) is amended by striking ``four months'' and
    inserting ``six months''.
      (b) Authorizing Application of Reciprocity Rule for Nonimmigrant Visa
    in Case of Refugees and Permanent Residents.--Such section is further
    amended by inserting before the period at the end of the third sentence
    the following: ``; except that in the case of aliens who are nationals
    of a foreign country and who either are granted refugee status and
    firmly resettled in another foreign country or are granted permanent
    residence and residing in another foreign country, the Secretary of
    State may prescribe the period of validity of such a visa based upon
    the treatment granted by that other foreign country to alien refugees
    and permanent residents, respectively, in the United States''.

    SEC. 808. LIMITATION ON ADJUSTMENT OF STATUS OF INDIVIDUALS NOT
                        LAWFULLY PRESENT IN THE UNITED STATES.

      (a) In General.--Section 245(i)(1) (8 U.S.C. 1255), as added by
    section 506(b) of the Department of State and Related Agencies
    Appropriations Act, 1995 (Public Law 103-317, 108 Stat. 1765), is
    amended by striking all that follows ``equalling'' through
    ``application,'' and inserting ``$2,500''.
      (b) Elimination of Limitation.--Section 212 (8 U.S.C. 1182) is
    amended by striking subsection (o).
      (c) Effective Date.--The amendments made by this section shall apply
    to applications for adjustment of status filed after September 30,
    1996.

    SEC. 809. LIMITED ACCESS TO CERTAIN CONFIDENTIAL INS FILES.

      (a) Legalization Program.--Section 245A(c)(5) (8 U.S.C. 1255a(c)(5))
    is amended--
              (1) by redesignating subparagraphs (A) through (C) as clauses
            (i) through (iii), respectively;
              (2) by striking ``Neither'' and inserting ``(A) Except as
            provided in this paragraph, neither'';
              (3) by redesignating the last sentence as subparagraph (D);
              (4) by striking the semicolon and inserting a period;
              (5) by striking ``except that the'' and inserting the
            following:
              ``(B) The'';
              (6) by inserting after subparagraph (B), as created by the
            amendment made by paragraph (5), the following:
              ``(C) The Attorney General may authorize an application to a
            Federal court of competent jurisdiction for, and a judge of
            such court may grant, an order authorizing disclosure of
            information contained in the application of the alien under
            this section to be used--
                      ``(i) for identification of the alien when there is
                    reason to believe that the alien has been killed or
                    severely incapacitated; or
                      ``(ii) for criminal law enforcement purposes against
                    the alien whose application is to be disclosed if the
                    alleged criminal activity occurred after the
                    legalization application was filed and such activity
                    involves terrorist activity or poses either an
                    immediate risk to life or to national security, or
                    would be prosecutable as an aggravated felony, but
                    without regard to the length of sentence that could be
                    imposed on the applicant.''; and
              (7) by adding at the end the following new subparagraph:
              ``(E) Nothing in this paragraph shall preclude the release
            for immigration enforcement purposes of the following
            information contained in files or records of the Service
            pertaining to the application:
                      ``(i) The immigration status of the applicant on any
                    given date after the date of filing the application
                    (including whether the applicant was authorized to
                    work) but only for purposes of a determination of
                    whether the applicant is eligible for relief from
                    deportation or removal and not otherwise.
                      ``(ii) The date of the applicant's adjustment (if
                    any) to the status of an alien lawfully admitted for
                    permanent residence.
                      ``(iii) Information concerning whether the applicant
                    has been convicted of a crime occurring after the date
                    of filing the application.
                      ``(iv) The date or disposition of the application.''.
      (b) Special Agricultural Worker Program.--Section 210(b) of such Act
    (8 U.S.C. 1160(b)) is amended--
              (1) in paragraph (5), by inserting ``, except as permitted
            under paragraph (6)(B)'' after ``consent of the alien''; and
              (2) in paragraph (6)--
                      (A) in subparagraph (A), by striking the period at
                    the end and inserting a comma,
                      (B) by redesignating subparagraphs (A) through (C) as
                    clauses (i) through (iii), respectively,
                      (C) by striking ``Neither'' and inserting ``(A)
                    Except as provided in subparagraph (B), neither'',
                      (D) by striking ``Anyone'' and inserting the
                    following:
              ``(C) Anyone'',
                      (E) by inserting after the first sentence the
                    following:
              ``(B) The Attorney General may authorize an application to a
            Federal court of competent jurisdiction for, and a judge of
            such court may grant, an order authorizing disclosure of
            information contained in the application of the alien to be
            used--
                      ``(i) for identification of the alien when there is
                    reason to believe that the alien has been killed or
                    severely incapacitated, or
                      ``(ii) for criminal law enforcement purposes against
                    the alien whose application is to be disclosed if the
                    alleged criminal activity occurred after the special
                    agricultural worker application was filed and such
                    activity involves terrorist activity or poses either an
                    immediate risk to life or to national security, or
                    would be prosecutable as an aggravated felony, but
                    without regard to the length of sentence that could be
                    imposed on the applicant.'', and
                      (F) by adding at the end the following new
                    subparagraph:
              ``(D) Nothing in this paragraph shall preclude the release
            for immigration enforcement purposes of the following
            information contained in files or records of the Service
            pertaining to the application:
                      ``(i) The immigration status of the applicant on any
                    given date after the date of filing the application
                    (including whether the applicant was authorized to
                    work).
                      ``(ii) The date of the applicant's adjustment (if
                    any) to the status of an alien lawfully admitted for
                    permanent residence.
                      ``(iii) Information concerning whether the applicant
                    has been convicted of a crime occurring after the date
                    of filing the application.
                      ``(iv) The date or disposition of the application.''.

    SEC. 810. CHANGE OF NONIMMIGRANT CLASSIFICATION.

      Section 248 (8 U.S.C. 1258) is amended by inserting at the end the
    following:
    ``Any alien whose status is changed under this section may apply to the
    Secretary of State for a visa without having to leave the United States
    and apply at the visa office.''.

                          Subtitle B--Other Provisions

    SEC. 831. COMMISSION REPORT ON FRAUD ASSOCIATED WITH BIRTH
                        CERTIFICATES.

      Section 141 of the Immigration Act of 1990 is amended--
              (1) in subsection (b)--
                      (A) by striking ``and'' at the end of paragraph (1),
                      (B) by striking the period at the end of paragraph
                    (2) and inserting ``; and'', and
                      (C) by adding at the end the following new paragraph:
              ``(3) transmit to Congress, not later than January 1, 1997, a
            report containing recommendations (consistent with subsection
            (c)(3)) of methods of reducing or eliminating the fraudulent
            use of birth certificates for the purpose of obtaining other
            identity documents that may be used in securing immigration,
            employment, or other benefits.''; and
              (2) by adding at the end of subsection (c), the following new
            paragraph:
              ``(3) For report on reducing birth certificate fraud.--In the
            report described in subsection (b)(3), the Commission shall
            consider and analyze the feasibility of--
                      ``(A) establishing national standards for
                    counterfeit-resistant birth certificates, and
                      ``(B) limiting the issuance of official copies of a
                    birth certificate of an individual to anyone other than
                    the individual or others acting on behalf of the
                    individual.''.

    SEC. 832. UNIFORM VITAL STATISTICS.

      (a) Pilot Program.--The Secretary of Health and Human Services shall
    consult with the State agency responsible for registration and
    certification of births and deaths and, within 2 years of the date of
    enactment of this Act, shall establish a pilot program for 3 of the 5
    States with the largest number of undocumented aliens of an electronic
    network linking the vital statistics records of such States. The
    network shall provide, where practical, for the matching of deaths with
    births and shall enable the confirmation of births and deaths of
    citizens of such States, or of aliens within such States, by any
    Federal or State agency or official in the performance of official
    duties. The Secretary and participating State agencies shall institute
    measures to achieve uniform and accurate reporting of vital statistics
    into the pilot program network, to protect the integrity of the
    registration and certification process, and to prevent fraud against
    the Government and other persons through the use of false birth or
    death certificates.
      (b) Report.--Not later than 180 days after the establishment of the
    pilot program under subsection (a), the Secretary shall issue a written
    report to Congress with recommendations on how the pilot program could
    effectively be instituted as a national network for the United States.
      (c) Authorization of Appropriations.--There are authorized to be
    appropriated for fiscal year 1996 and for subsequent fiscal years such
    sums as may be necessary to carry out this section.

    SEC. 833. COMMUNICATION BETWEEN STATE AND LOCAL GOVERNMENT AGENCIES,
                        AND THE IMMIGRATION AND NATURALIZATION SERVICE.

      Notwithstanding any other provision of Federal, State, or local law,
    no State or local government entity shall prohibit, or in any way
    restrict, any government entity or any official within its jurisdiction
    from sending to or receiving from the Immigration and Naturalization
    Service information regarding the immigration status, lawful or
    unlawful, of an alien in the United States. Notwithstanding any other
    provision of Federal, State, or local law (and excepting the attorney-
    client privilege), no State or local government entity may be
    prohibited, or in any way restricted, from sending to or receiving from
    the Immigration and Naturalization Service information regarding the
    immigration status, lawful or unlawful, of an alien in the United
    States.

    SEC. 834. CRIMINAL ALIEN REIMBURSEMENT COSTS.

      Amounts appropriated to carry out section 501 of the Immigration and
    Reform Act of 1986 for fiscal year 1995 shall be available to carry out
    section 242(j) of the Immigration and Nationality Act in that fiscal
    year with respect to undocumented criminal aliens incarcerated under
    the authority of political subdivisions of a State.

    SEC. 835. FEMALE GENITAL MUTILATION.

      (a) Information Regarding Female Genital Mutilation.--The Immigration
    and Naturalization Service (in cooperation with the Department of
    State) shall make available for all aliens who are issued immigrant or
    nonimmigrant visas, prior to or at the time of entry into the United
    States, the following information:
              (1) Information on the severe harm to physical and
            psychological health caused by female genital mutilation which
            is compiled and presented in a manner which is limited to the
            practice itself and respectful to the cultural values of the
            societies in which such practice takes place.
              (2) Information concerning potential legal consequences in
            the United States for (A) performing female genital mutilation,
            or (B) allowing a child under his or her care to be subjected
            to female genital mutilation, under criminal or child
            protection statutes or as a form of child abuse.
      (b) Limitation.--In consultation with the Secretary of State, the
    Commissioner of Immigration and Naturalization shall identify those
    countries in which female genital mutilation is commonly practiced and,
    to the extent practicable, limit the provision of information under
    subsection (a) to aliens from such countries.
      (c) Definition.--For purposes of this section, the term ``female
    genital mutilation'' means the removal or infibulation (or both) of the
    whole or part of the clitoris, the labia minora, or labia majora.

    SEC. 836. DESIGNATION OF PORTUGAL AS A VISA WAIVER PILOT PROGRAM
                        COUNTRY WITH PROBATIONARY STATUS.

      Notwithstanding any other provision of law, Portugal is designated as
    a visa waiver pilot program country with probationary status under
    section 217(g) of the Immigration and Nationality Act for each of the
    fiscal years 1996, 1997, and 1998.

                       Subtitle C--Technical Corrections

    SEC. 851. MISCELLANEOUS TECHNICAL CORRECTIONS.

      (a) Amendments Relating to Public Law 103-322 (Violent Crime Control
    and Law Enforcement Act of 1994).--
              (1) Section 60024(1)(F) of the Violent Crime Control and Law
            Enforcement Act of 1994 (Public Law 103-322) (in this
            subsection referred to as ``VCCLEA'') is amended by inserting
            ``United States Code,'' after ``title 18,''.
              (2) Section 130003(b)(3) of VCCLEA is amended by striking
            ``Naturalization'' and inserting ``Nationality''.
              (3)(A) Section 214 (8 U.S.C. 1184) is amended by
            redesignating the subsection (j), added by section 130003(b)(2)
            of VCCLEA (108 Stat. 2025), and the subsection (k), added by
            section 220(b) of the Immigration and Nationality Technical
            Amendments Act of 1994 (Public Law 103-416, 108 Stat. 4319), as
            subsections (k) and (l), respectively.
              (B) Section 101(a)(15)(S) (8 U.S.C. 1101(a)(15)(S)) is
            amended by striking ``214(j)'' and inserting ``214(k)''.
              (4)(A) Section 245 (8 U.S.C. 1255) is amended by
            redesignating the subsection (i) added by section 130003(c)(1)
            of VCCLEA as subsection (j).
              (B) Section 241(a)(2)(A)(i)(I) (8 U.S.C.
            1251(a)(2)(A)(i)(I)), as amended by section 130003(d) of VCCLEA
            and before redesignation by section 305(a)(2), is amended by
            striking ``245(i)'' and inserting ``245(j)''.
              (5) Section 245(j)(3), as added by section 130003(c)(1) of
            VCCLEA and as redesignated by paragraph (4)(A), is amended by
            striking ``paragraphs (1) or (2)'' and inserting ``paragraph
            (1) or (2)''.
              (6) Section 130007(a) of VCCLEA is amended by striking
            ``242A(d)'' and inserting ``242A(a)(3)''.
              (7) The amendments made by this subsection shall be effective
            as if included in the enactment of the VCCLEA.
      (b) Amendments Relating to Immigration and Nationality Technical
    Corrections Act of 1994.--
              (1) Section 101(d) of the Immigration and Nationality
            Technical Corrections Act of 1994 (Public Law 103-416) (in this
            subsection referred to as ``INTCA'') is amended--
                      (A) by striking ``Application'' and all that follows
                    through ``This'' and inserting ``Applicability of
                    Transmission Requirements.--This'';
                      (B) by striking ``any residency or other retention
                    requirements for'' and inserting ``the application of
                    any provision of law relating to residence or physical
                    presence in the United States for purposes of
                    transmitting United States''; and
                      (C) by striking ``as in effect'' and all that follows
                    through the end and inserting ``to any person whose
                    claim is based on the amendment made by subsection (a)
                    or through whom such a claim is derived.''.
              (2) Section 102 of INTCA is amended by adding at the end the
            following new subsection:
      ``(e) Transition.--In applying the amendment made by subsection (a)
    to children born before November 14, 1986, any reference in the matter
    inserted by such amendment to `five years, at least two of which' is
    deemed a reference to `10 years, at least 5 of which'.''.
              (3) Section 351(a) (8 U.S.C. 1483(a)), as amended by section
            105(a)(2)(A) of INTCA, is amended by striking the comma after
            ``nationality''.
              (4) Section 207(2) of INTCA is amended by inserting a comma
            after ``specified''.
              (5) Section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended--
                      (A) in subparagraph (K)(ii), by striking the comma
                    after ``1588'', and
                      (B) in subparagraph (O), by striking ``suspicion''
                    and inserting ``suspension''.
              (6) Section 273(b) (8 U.S.C. 1323(b)), as amended by section
            209(a) of INTCA, is amended by striking ``remain'' and
            inserting ``remains''.
              (7) Section 209(a)(1) of INTCA is amended by striking
            ``$3000'' and inserting ``$3,000''.
              (8) Section 209(b) of INTCA is amended by striking
            ``subsection'' and inserting ``section''.
              (9) Section 217(f) (8 U.S.C. 1187(f)), as amended by section
            210 of INTCA, is amended by adding a period at the end.
              (10) Section 219(cc) of INTCA is amended by striking `` `year
            1993 the first place it appears' '' and inserting `` `year
            1993' the first place it appears''.
              (11) Section 219(ee) of INTCA is amended by adding at the end
            the following new paragraph:
      ``(3) The amendments made by this subsection shall take effect on the
    date of the enactment of this Act.''.
              (12) Paragraphs (4) and (6) of section 286(r) (8 U.S.C.
            1356(r)) are amended by inserting ``the'' before ``Fund'' each
            place it appears.
              (13) Section 221 of INTCA is amended--
                      (A) by striking each semicolon and inserting a comma,
                      (B) by striking ``disasters.'' and inserting
                    ``disasters,'', and
                      (C) by striking ``The official'' and inserting ``the
                    official''.
              (14) Section 242A (8 U.S.C. 1252a), as added by section
            224(a) of INTCA and before redesignation as section 238 by
            section 308(b)(5), is amended by redesignating subsection (d)
            as subsection (c).
              (15) Section 225 of INTCA is amended--
                      (A) by striking ``section 242(i)'' and inserting
                    ``sections 242(i) and 242A'', and
                      (B) by inserting ``, 1252a'' after ``1252(i)''.
              (16) Except as otherwise provided in this subsection, the
            amendments made by this subsection shall take effect as if
            included in the enactment of INTCA.
      (c) Striking References to Section 210A.--
              (1)(A) Section 201(b)(1)(C) (8 U.S.C. 1151(b)(1)(C)) and
            section 274B(a)(3)(B) (8 U.S.C. 1324b(a)(3)(B)) are each
            amended by striking ``, 210A,''.
              (B) Section 241(a)(1) (8 U.S.C. 1251(a)(1)), before
            redesignation by section 305(a)(2), is amended by striking
            subparagraph (F).
              (2) Sections 204(c)(1)(D)(i) and 204(j)(4) of Immigration
            Reform and Control Act of 1986 are each amended by striking ``,
            210A,''.
      (d) Miscellaneous Changes in the Immigration and Nationality Act.--
              (1) Before being amended by section 308(a), the item in the
            table of contents relating to section 242A is amended to read
            as follows:

    ``Sec. 242A. Expedited deportation of aliens convicted of committing
    aggravated felonies.''.

              (2) Section 101(c)(1) (8 U.S.C. 1101(c)(1)) is amended by
            striking ``, 321, and 322'' and inserting ``and 321''.
              (3) Pursuant to section 6(b) of Public Law 103-272 (108 Stat.
            1378)--
                      (A) section 214(f)(1) (8 U.S.C. 1184(f)(1)) is
                    amended by striking ``section 101(3) of the Federal
                    Aviation Act of 1958'' and inserting ``section
                    40102(a)(2) of title 49, United States Code''; and
                      (B) section 258(b)(2) (8 U.S.C. 1288(b)(2)) is
                    amended by striking ``section 105 or 106 of the
                    Hazardous Materials Transportation Act (49 U.S.C. App.
                    1804, 1805)'' and inserting ``section 5103(b), 5104,
                    5106, 5107, or 5110 of title 49, United States Code''.
              (4) Section 286(h)(1)(A) (8 U.S.C. 1356(h)(1)(A)) is amended
            by inserting a period after ``expended''.
              (5) Section 286(h)(2)(A) (8 U.S.C. 1356(h)(2)(A)) is
            amended--
                      (A) by striking ``and'' at the end of clause (iv),
                      (B) by moving clauses (v) and (vi) 2 ems to the left,
                      (C) by striking ``; and'' in clauses (v) and (vi) and
                    inserting ``and for'',
                      (D) by striking the colons in clauses (v) and (vi),
                    and
                      (E) by striking the period at the end of clause (v)
                    and inserting ``; and''.
              (6) Section 412(b) (8 U.S.C. 1522(b)) is amended by striking
            the comma after ``is authorized'' in paragraph (3) and after
            ``The Secretary'' in paragraph (4).
      (e) Miscellaneous Change in the Immigration Act of 1990.--Section
    161(c)(3) of the Immigration Act of 1990 is amended by striking ``an
    an'' and inserting ``of an''.
      (f) Miscellaneous Changes in Other Acts.--
              (1) Section 506(a) of the Intelligence Authorization Act,
            Fiscal Year 1990 (Public Law 101-193) is amended by striking
            ``this section'' and inserting ``such section''.
              (2) Section 140 of the Foreign Relations Authorization Act,
            Fiscal Years 1994 and 1995, as amended by section 505(2) of
            Public Law 103-317, is amended--
                      (A) by moving the indentation of subsections (f) and
                    (g) 2 ems to the left, and
                      (B) in subsection (g), by striking ``(g)'' and all
                    that follows through ``shall'' and inserting ``(g)
                    Subsections (d) and (e) shall''.

                            Explanation of Amendment

        Because H.R. 2202 was ordered reported with a single
    amendment in the nature of a substitute, the contents of this
    report constitute an explanation of that amendment.

                              Purpose and Summary

                          title i--border enforcement

        The first step in asserting our national sovereignty and
    controlling illegal immigration is to secure our nation's land
    borders. This fundamental mission has been undermined in recent
    decades by a lack of clear policy, inadequate resources, and a
    defeatist attitude. The result is a crisis at the land border,
    allowing hundreds of thousands of illegal aliens to cross each
    year, and contributing more than half of the 300,000 to 400,000
    annual growth in the illegal alien population. The problem is
    not limited to illegal immigration from this hemisphere: alien
    smugglers from around the globe have set routes through Latin
    America and Canada to smuggle people into the United States.
        More border patrol agents, enhanced training, and improved
    border technology are all critical to regaining control over
    our nation's borders. H.R. 2202 includes all of these reforms,
    including a 1,000 annual increase in Border Patrol agents from
    now until the end of the century. But H.R. 2202 does something
    more--it requires a focus on prevention and deterrence of
    illegal immigration, modeled after the successful ``Operation
    Hold-the-Line'' in El Paso, Texas. H.R. 2202 also improves the
    security of Border Crossing Identification Cards, so that such
    cards will only be used by those who have been granted the
    privilege of carrying them.
        Finally, illegal immigration control is not simply a matter
    of securing the land border. Close to half of illegal
    immigrants enter on temporary visas and overstay. H.R. 2202
    authorizes new resources for the prosecution of aliens with
    multiple illegal entries, and establishes pilot programs: (1)
    to deter multiple illegal entries into the United States
    through strategies such as interior repatriation or third
    country repatriation; (2) to use closed military facilities for
    detention of illegal aliens; and (3) to create a system for
    tracking the departures of temporary visitors.

        title ii--enforcement against alien smuggling and document fraud

        Illegal immigration is facilitated through criminal
    activity: alien smuggling, often carried out by organized
    criminal elements, and document fraud, including visa and
    passport fraud. Federal law enforcement should have the same
    tools to combat immigration crimes it does to combat other
    serious crimes that threaten public safety and national
    security. Thus, H.R. 2202 extends current wiretap and
    undercover investigation authority to the investigation of
    alien smuggling, document fraud, and other immigration-related
    crimes. It increases criminal penalties for alien smuggling and
    document fraud, establishes new civil penalties for document
    fraud, and extends coverage of the federal anti-racketeering
    statute (RICO) to organized criminal enterprises engaging in
    such activity.

         Title III--Reforming Procedures for Removal of Illegal Aliens

        Existing procedures to deny entry to and to remove illegal
    aliens from the United States are cumbersome and duplicative.
    Removal of aliens who enter the United States illegally, even
    those who are ordered deported after a full due process
    hearing, is an all-too-rare event. The asylum system has been
    abused by those who seek to use it as a means of ``backdoor''
    immigration.
        H.R. 2202 streamlines rules and procedures for removing
    illegal aliens, and establishes special procedures for removing
    alien terrorists. Aliens who arrive in the United States with
    no valid documents will be removed on an expedited basis;
    arriving aliens with credible asylum claims will be allowed to
    pursue those claims. For illegal aliens already present in the
    U.S., there will be a single form of removal proceeding, with a
    streamlined appeal and removal process. To avoid removal,
    aliens must establish in such proceedings that they are
    entitled to be admitted or to remain in the United States.
    Relief from deportation will be more strictly limited. Aliens
    ordered removed who do not depart on time will be subject to
    civil penalties and excluded from certain immigration benefits.

               title iv--preventing employment of illegal aliens

        The magnet of jobs is a driving force behind illegal
    immigration. Despite federal laws prohibiting the hiring of
    illegal aliens, and requiring the verification of eligibility
    for all employees, an underground market in fraudulent
    documents permits illegal aliens to gain employment. Recent INS
    crackdowns demonstrate that illegal aliens work in a variety of
    industries and take jobs that could otherwise be filled by
    American workers. Enforcement, however, is hampered by a system
    that is difficult to implement and invites document fraud.
        H.R. 2202 cuts from 29 to 6 the number of acceptable
    documents to establish eligibility to work. It also establishes
    pilot projects, to be operated in States with high levels of
    illegal immigration, for employers to verify through a simple
    phone call or computer message an employee's authorization to
    work. The system will work through existing databases, and not
    require creation of any new government database. The system
    also will assure employers that the employment eligibility
    information provided to them by employees is genuine. The
    system could not be established on a national basis without
    prior approval by Congress. H.R. 2202 also establishes pilot
    projects to improve the security of birth certificates and
    birth/death registries, all of which have been subject to
    fraudulent use by illegal immigrants for gaining work, public
    benefits, and even, in some cases, voting privileges.

                       Title V--Legal Immigration Reform

        Congress has the task to set legal immigration policy that
    serves the national interest. As a result of the immigration
    bills passed in 1965, 1986, and 1990, there has been a dramatic
    increase in the overall levels of legal immigration. In
    addition, the percentage of immigrants admitted without regard
    to their level of education or skills now exceeds 80 percent.
    Since 1981, we have admitted a total of 12.5 million legal
    immigrants. During this period, we have admitted at least
    500,000 immigrants each year, and during the past 5 years, an
    average of close to 1 million per year.
        Such sustained, uninterrupted growth in immigration is
    without precedent in American history. So is the underlying
    rationale of many that immigration is a right, not a privilege.
    The entitlement theory, which seeks to fit immigration policy
    to the demands of those who would like to immigrate to the
    United States, has made it increasingly difficult to establish
    a policy that selects immigrants according to their ability to
    advance our national interests.
        A central failure of the current system is the admissions
    backlog for spouses and minor children of lawful permanent
    residents, which now numbers 1.1 million. This means that
    nuclear family members can be kept separated for years. Even
    larger backlogs exist in categories for adult, ``extended
    family'' immigrants. These backlogs undermine the credibility
    of the system by forcing people who are technically eligible to
    immigrate to wait for years, sometimes decades, before they can
    legally come to the U.S. The existence of these categories thus
    creates expectations that cannot possibly be met within the
    capacity of the current system. These failed expectations
    encourage many waiting in line to immigrate illegally to the
    U.S.
        The key to legal immigration reform is stating clear
    priorities that reflect the national interest. H.R. 2202 will
    better match the attributes of immigrants with the needs of the
    American economy, by increasing the number of visas available
    for highly-skilled and educated immigrants and by decreasing
    the proportion of immigrants admitted without regard to their
    level of skill and education. The bill also will put nuclear
    families first by giving priority to the admission of spouses
    and children of United States citizens, and for 5 years,
    doubling the number of visas for nuclear family members of
    legal permanent residents. The bill also preserves America's
    traditional role of leadership in refugee and other
    humanitarian immigration. While reforming legal immigration to
    end the ``entitlement'' attitude, H.R. 2202 maintains levels of
    legal immigration that are generous by historic standards:
    approximately 3.5 million immigrants would be admitted during
    the first 5 years.

                    Title VI--Immigrants and Public Benefits

        Immigrants should be self-sufficient. Yet, the most
    reliable studies show that immigrants receive $25 billion more
    in direct public benefits than they contribute in taxes--$16
    billion for direct cash benefits and $9 billion for non-cash
    benefits such as Food Stamps and Medicaid. In addition,
    immigrant participation in Supplemental Security Income (SSI)
    has risen 580 percent during the past dozen years. H.R. 2202
    reinforces prohibitions against receipt of public benefits by
    illegal immigrants, makes enforceable the grounds for denying
    entry or removing aliens who are or are likely to become a
    public charge, and makes those who agree to sponsor immigrants
    legally responsible to support them.

                     Title VII--Facilitation of Legal Entry

        To facilitate legal entry and deter fraud, H.R. 2202 will
    increase the number of INS and Customs Service inspectors at
    border ports of entry, expand preinspection services at
    overseas airports, and require more training of airline
    personnel in detecting fraudulent documents.

       Title VIII--Temporary Skilled Workers and Miscellaneous Provisions

        To remain competitive in world markets, American business
    needs access to skilled foreign workers. The nonimmigrant H-1B
    visa permits such persons to work in the United States for up
    to six years. However, American workers need protection against
    abuse of the H-1B program by those employers who seek to
    replace native workers with lower-paid foreign workers. H.R.
    2202 strikes a balance between these interests, removing
    excessive regulatory burdens from businesses who are not
    dependent on H-1B workers and who do not abuse the program,
    while prohibiting the use of the program to replace laid-off
    American workers.

                    Background and Need for the Legislation

        As a nation of immigrants, the United States has a singular
    interest that its immigration laws encourage the admission of
    persons who will enrich our society. President Ronald Reagan
    aptly observed that our nation is ``an island of freedom,''
    political and economic, toward which the world has looked as
    both protector and exemplar. Unlimited immigration, however, is
    a moral and practical impossibility. We live in an age where
    the nations of the world are called upon to resolve the root
    causes--political, economic, and humanitarian--of migration
    pressures. In this context, the United States must exercise its
    national sovereignty to control its borders and pursue an
    immigration policy that serves the fundamental needs of the
    nation. In the words of the 1981 report of the Select
    Commission on Immigration and Refugee Policy (``Select
    Commission''), ``[o]ur policy--while providing opportunity for
    a portion of the world's population--must be guided by the
    basic national interests of the United States.'' 1
        \1\ ``Select Commission on Immigration and Refugee Policy, U.S.
    Immigration Policy and the National Interest,'' Joint Committee Print
    No. 8, Committees on the Judiciary of the House of Representatives and
    the United States Senate, 97th Cong., 1st Sess. 3 (1981) (referred to
    hereinafter as 1991 Select Commission Report).
    ---------------------------------------------------------------------------
         During the ensuing 15 years, that basic message has been
    lost. Serious immigration reform has been frustrated by our
    failure to define the national interests that must be served by
    U.S. immigration policy. A pervasive sense exists among the
    public that the Federal Government lacks the will and the means
    to enforce existing immigration laws.
         The symptoms of this failure are manifest: four million
    illegal aliens residing in the United States, with an annual
    increase in illegal immigration of more than 300,000; tens of
    thousands of overseas visitors each year who overstay their
    visas and remain in the United States illegally; a deportation
    process that removes only a small fraction of illegal aliens;
    an asylum adjudications backlog of over 400,000; a program of
    employer sanctions that is confusing for employers, riddled
    with document fraud, and ineffective in deterring both the
    hiring of illegal aliens and the illegal entry of aliens
    seeking employment; and a legal immigration system that fails
    to unite nuclear families promptly, encourages the ``chain
    migration'' of extended families, and admits a vast majority of
    immigrants without any regard to levels of education or job
    skills.
         H.R. 2202 seeks a fundamental re-orientation of
    immigration policy in the direction of the national interest.
    The Act will curb illegal immigration and establish a legal
    immigration system that is generous by historic standards and
    serves fundamental family, economic, and humanitarian needs.
    The bill is comprehensive because the crisis is so deep and the
    challenges presented by legal and illegal immigration so
    closely intertwined. All aspects of immigration law must be
    reformed to provide clear direction and purpose to those
    responsible for their enforcement, and to eliminate to the
    greatest possible extent special provisions and exceptions that
    detract from these fundamental purposes. In short, our
    immigration laws should enable the prompt admission of those
    who are entitled to be admitted, the prompt exclusion or
    removal of those who are not so entitled, and the clear
    distinction between these categories.
         To place H.R. 2202 in its proper context, a more detailed
    assessment of current immigration problems and past efforts and
    proposals for reform is appropriate.

                             I. Illegal Immigration

         The challenge of combatting illegal immigration is but one
    facet of the vast overall demand on the United States
    immigration system. As explained by the U.S. Commission on
    Immigration Reform in its 1994 report to Congress:

              Each year U.S. land and air borders face inspection
            of approximately 500 million people seeking entry. In
            1993, approximately 409 million people were inspected
            at U.S. land ports of entry, 55 million at airports,
            and 9 million at seaports. This number does not include
            illegal entrants or individuals apprehended while
            attempting to enter illegally. The Immigration and
            Naturalization Service (INS) estimated in 1992 that
            there were 3.4 million ``permanent'' illegal aliens in
            the U.S. Of this population, roughly one-half entered
            legally by air and overstayed their visas and the other
            one-half entered without inspection by land or
            sea.2
        \2\ U.S. Commission on Immigration Reform, U.S. Immigration Policy:
    Restoring Credibility 47 (1994) (emphasis supplied) (referred to
    hereinafter as 1994 Commission Report).

        The INS estimates that there is a net annual increase of
    300,000 in the illegal alien population. Thus, the number of
    ``permanent'' illegal aliens exceeds 4 million. To halt this
    increase and make actual cuts in the size of the illegal
    immigrant population, immigration policy must address both
    illegal border crossings and the phenomenon of ``visa
    overstays.''

    Illegal border-crossing

         Perhaps the most visible illustration of the failures of
    immigration enforcement is the continued high level of illegal
    migration across the land borders of the United States,
    particularly in the Southwest. Precise measurement of this
    migration flow is elusive. The INS traditionally has relied
    upon apprehension statistics for this task, but such statistics
    are a flawed measure of both the rate of illegal migration and
    the success of enforcement. As the U.S. Commission on
    Immigration Reform has stated, ``[t]he most effective border
    control strategy would produce an apprehension rate of zero.
    So, too, would a complete failure of border control.'' 3
    Despite these shortcomings, apprehension statistics show the
    growing extent of the problem.
        \3\ 1994 Commission Report at 57.

            Years                                              Apprehensions
     1931-1940..............................................         147,457
     1941-1950..............................................       1,377,210
     1951-1960..............................................       3,598,949
     1961-1970..............................................       1,608,356
     1971-1980..............................................       8,321,498
     1981-1990..............................................      11,883,328
     1991-1994..............................................       4,778,333

         For virtually all of this period, apprehension of aliens
    shortly after they have crossed the border, or at destinations
    further in the interior, has been the backbone of INS and
    Border Patrol enforcement strategy. Deterrent-based strategies
    had not been attempted, despite the 1981 observation of the
    Select Commission that ``[i]t is both more humane and cost
    effective to deter people from entering the United States than
    it is to locate and remove them from the interior.'' 4 The
    choice of strategy was dictated in part by a lack of resources:
    the Select Commission noted that ``[a]t any given hour no more
    than 450 Border Patrol agents are directly engaged in
    activities to stop persons attempting to enter the United
    States without inspection.'' 5
        \4\ 1981 Select Commission Report at 47.
        \5\ 1981 Select Commission Report at 48.
    ---------------------------------------------------------------------------
         Another symbol of America's past failure to take seriously
    the problem of illegal immigration has been the reluctance to
    use secure fences to prevent illegal border crossings. In
    general, physical barriers can assist the Border Patrol to
    deter illegal crossings, channel aliens to locations where they
    can be most easily apprehended, and reduce crime and violence
    at the border.
         In recent years, the approach to border enforcement has
    changed. Chain-link fences have been replaced in certain high-
    traffic areas by more resistant structures. Section 542 of the
    Immigration Act of 1990 authorized the appropriation of funds
    for the ``repair, maintenance, or construction on the United
    States border, in areas experiencing high levels of
    apprehensions of illegal aliens, of structures to deter illegal
    entry to the United States.'' Just as visible has been the
    deployment of border patrol agents directly on or in close
    vicinity to the border, to create a visible deterrent to
    potential illegal immigrants. This approach was initiated by
    Chief Silvestre Reyes of the El Paso Border Patrol Sector in
    September 1993, when he ordered 400 of his 650 agents to be
    deployed on a 24-hour basis directly on the border, stationed
    in their vehicles at distances ranging from 50 yards to a
    quarter mile. Regular helicopter patrols were established. The
    border fence, which has numerous holes and was breachable in
    125 locations, was repaired and maintained. Originally
    conceived as a two-week pilot program called ``Operation
    Blockade,'' Chief Reyes' strategy has become a standing
    initiative, ``Operation Hold-the-Line.''
         Operation Hold-the-Line represented a fundamental change
    in strategy for control of the border. As in other areas,
    illegal crossings into El Paso had been largely tolerated and
    enforcement efforts were directed at apprehending aliens who
    attempted to remain in the United States for extended periods
    of time. Only about 15 percent of the estimated 8,000 to 10,000
    persons who crossed the border illegally each day in the El
    Paso Sector were apprehended. Under Operation Hold-the-Line,
    illegal crossings have been substantially deterred, with
    apprehensions of illegal aliens within El Paso dropping by as
    much as 75 percent. Petty street crime and property crime has
    been reduced, as has the occurrence of more serious property
    and violent crimes. The Operation also has led to the seizure
    of more illegal drugs and other contraband. The Operation has
    had overwhelming public support in El Paso, including in the
    Mexican American community. Complaints against the Border
    Patrol have been reduced because there are fewer apprehensions
    and pursuits of aliens. The change has been particularly
    noticed in schools lying close to the border, which are now
    considered safer for students.6
        \6\ Bean, et al., Illegal Mexican Migration and the United States/
    Mexico Border: The Effects of Operation Hold-the-Line on El Paso/Juarez
    (July 1994) (Report prepared for the U.S. Commission on Immigration
    Reform by the Population Research Center at the University of Texas at
    Austin); General Accounting Office, Border Control: Revised Strategy is
    Showing Some Positive Results (December 1994) (Report to the
    Subcommittee on Information, Justice, Transportation and Agriculture of
    the House Committee on Government Operations).
    ---------------------------------------------------------------------------
         The success of Operation Hold-the-Line has led both the
    Commission on Immigration Reform and the General Accounting
    Office to urge adoption of similar deterrence strategies as the
    prevalent form of enforcement along the southern border.7
    The Commission recommended a comprehensive approach to deal
    with the changing crossing patterns that resulted from stepped-
    up enforcement in the El Paso area. The GAO concluded that the
    national border patrol strategy adopted by the INS shows
    promise for success in reducing illegal immigration and is
    consistent with previous recommendations for securing the
    border.
        \7\ 1994 Commission Report at 49; Border Control: Revised Strategy
    Is Showing Some Results, supra note 6. See also ``Border Security:
    Hearing Before the Subcomm. on Immigration and Claims of the House
    Comm. on the Judiciary,'' 104th Cong., 1st Sess. 102-110 (March 10,
    1995) (Statement of Laurie E. Ekstrand, General Accounting Office).
    ---------------------------------------------------------------------------
         The INS also has recently adopted a deterrence strategy in
    the heavily-travelled San Diego sector. This initiative, called
    ``Operation Gatekeeper,'' entails assignment of additional
    Border Patrol agents in the sector, deployment of agents in
    close proximity to the border, although not directly on the
    border as in El Paso, completion of new fences and roads along
    the border (an initiative started and substantially completed
    during the Bush Administration), and installation of additional
    lighting. The INS now also fingerprints all aliens apprehended
    in the sector in order to identify aliens with criminal
    records, track aliens who repeatedly try to cross the border
    illegally, and measure the effectiveness of the new border
    control measures.
         The impact of Operation Gatekeeper has been favorable, but
    not as dramatic as Operation Hold-the-Line. Border Patrol
    agents have been concentrated in the western end of the sector,
    and construction of a steel fence extending into the Pacific
    Ocean and to a point 14 miles inland from the coast, is nearly
    complete. As a result, apprehensions of illegal aliens have
    fallen most markedly in the Imperial Beach area, adjacent to
    the Pacific Ocean, but illegal alien traffic has greatly
    increased in the eastern portion of the San Diego sector, and
    overall apprehensions in the sector have actually increased.
    The fingerprinting process has identified large numbers of
    repeat border-crossers, some of whom are being prosecuted.
         Despite these initial successes, the challenge of securing
    the border over the long term will prove to be difficult. One
    seemingly intractable problem is repeat border-crossings. Many
    of these aliens eventually escape apprehension and thus add to
    the illegal alien population. All of them add to the
    enforcement burdens of the INS. The INS has previously
    attempted efforts at interior repatriation of such aliens,
    returning them to places hundreds of miles from the border
    rather than directly across the border where they are free
    immediately to attempt another illegal entry. This program was
    dropped, but should be reinstituted as part of the broader
    deterrence strategy. In addition, stronger bilateral efforts
    with the Mexican Government should be undertaken, especially in
    the area of cross-border crimes and alien smuggling. These are
    genuine issues of national security and public safety
    exacerbated by the U.S. government's failure to control the
    border.
         Based on the experience in El Paso and San Diego, Congress
    should establish as a fundamental strategy for immigration
    enforcement the deterrence of illegal migration across the land
    borders of the United States. Such a strategy is preferable to
    one based on interior apprehension of illegal aliens because of
    the costs associated with apprehending and deporting an alien
    from the interior. The INS should be given the resources to
    carry out a deterrence strategy at all appropriate locations
    along the borders, as well as the necessary direction from
    Congress to use the resources in this fashion. A pilot program
    for interior repatriation should be reinstituted, along with
    technological measures to combat illegal border crossing.
         An additional problem in border enforcement has been abuse
    of the Border Crossing Identification Card, used primarily by
    citizens of Mexico in lieu of visas for visits to the United
    States within 25 miles of the border for up to 72 hours.
    (Canadian citizens and landed immigrants from Commonwealth
    nations are not required to have a visa to enter the United
    States, and thus generally do not require a border crossing
    card.) Approximately 200,000 cards are issued annually. The
    Commission on Immigration Reform and the INS have both
    identified a troubling instance of fraud associated with these
    cards. In 1993, 24,236 cards were intercepted after issuance
    for counterfeiting, alteration, use by impostors, or violations
    of the conditions of usage, such as engaging in employment.
    These problems should come as little surprise. Despite the high
    incidence of illegal immigration across the land border with
    Mexico, the cards have heretofore been issued without security
    features. Until recently, in fact, border crossing cards were
    issued on a permanent basis, meaning that aliens could hold a
    card for years or even decades without renewal. The high demand
    for the cards has resulted both in backlogs of individuals
    waiting to receive cards and hasty adjudication of
    applications. In some recent cases, individuals with criminal
    records have been issued border crossing cards.
         The INS has recently taken some steps to improve the
    security of these cards and to ensure that only aliens entitled
    to the privilege are issued cards. H.R. 2202 requires specific
    improvements to be made in all new and existing cards within 3
    years.

    Visa overstays

        A ``visa overstay'' is an alien who has been admitted to
    the United States as a nonimmigrant visitor (often as a
    student, tourist, or businessperson) but who stays in the
    United States beyond the expiration of the visa and lives here
    as an illegal alien.8 Despite the magnitude of this
    problem, it has only recently been recognized as a leading
    component of the illegal alien population in the U.S. Moreover,
    no one is certain of how many people overstay their visas, how
    long they do so, and how they support themselves. Methods of
    calculating if and when persons with temporary visas leave the
    U.S. are haphazard.9
        \8\ Although they are ``legally'' admitted, nonimmigrant visa
    holders who intend to come to the United States and stay permanently
    are technically ``illegal'' immigrants from the time of their arrival
    in the United States. A person who obtains a nonimmigrant visa
    intending to remain in the U.S. indefinitely has committed visa fraud
    and is excludable under INA Sec. 212(a)(6)(C)(i). Most aliens who
    intend to overstay their visas are not apprehended upon entry, and
    still others make the decision to overstay after they have arrived.
    Such aliens are subject to deportation under section 241(a)(1)(C).
        \9\ See generally, ``Foreign Visitors Who Violate the Terms of the
    Their Visas by Remaining in the United States Indefinitely: Hearing
    Before the Subcomm. on Immigration and Claims of the House Comm. on the
    Judiciary,'' 104th Cong., 1st Sess. (Feb. 24, 1995) (cited hereinafter
    as Hearing: Foreign Visitors Who Overstay).
    ---------------------------------------------------------------------------
        Without a reliable system, the INS has no means to
    determine exactly how many people who arrive in the United
    States as visitors actually depart, and who they are.
    Currently, all foreign visitors complete an I-94 arrival/
    departure form prior to arrival in the United States. The
    arrival portion of the I-94 is turned over to the INS inspector
    at the port of entry. However, because the departure portion of
    the form is collected by the air carrier when the alien
    departs, and the collection process by carriers is uneven, the
    data is not reliable.
        The INS can estimate ``apparent overstays'' by simply
    counting the number of arrival forms without matching departure
    forms. However, the INS has concluded that the majority of
    ``apparent overstays'' are actually the result of incomplete
    collection of the departure forms. After correcting for this
    high rate of system error, the INS calculated that the number
    of visa overstays in 1992 was 305,000, and the visa overstay
    rate is 1.5 percent. The number of overstays has increased
    since the mid-1980s, while the rate has decreased, owing to the
    overall growth in the number of visas issued to foreign
    visitors. The INS estimates that more than 80 percent of
    nonimmigrant overstays have received a B-2 (tourist) visa. Most
    of the remaining percentage entered on a B-1 (business visitor)
    visa.
        Visa overstay rates vary among regions of the world.
    Overstay percentages from Europe are always well below the
    average percentage for other countries, but nevertheless
    account for 15-20 percent of the aggregate total. Leading
    countries are Italy, Poland, and, recently, the former Soviet
    Union. Overstay rates from Asia run slightly below the average
    percentage for other countries, and account for numbers roughly
    equal to those of Europe. The leading country from the region
    by far is the Philippines, with India, China, and Hong Kong
    also contributing significant numbers. North America (including
    Central America) produces both the highest rate and highest
    percentage of visa overstays. This is chiefly attributable to
    Mexico, where the estimated number of overstays rose from
    25,000 in 1985 to 60,000 in 1992. The Bahamas (13,000 in 1992),
    Jamaica (9,000), Haiti (9,000) and Central America (22,000)
    also produce significant numbers, especially given their
    limited populations. Overstay rates from Africa are relatively
    high, but the overall numbers are relatively low. This may be
    due in part to the limited number of nonimmigrant visas issued
    in some African nations. Both the overstay rate and overstay
    numbers from South America are modest.
        The phenomenon of visa overstays presents specific problems
    for immigration enforcement. First, visa overstayers spread the
    illegal immigration problem to regions outside of the border
    states, and due to their diverse character (many visa
    overstayers have more advanced education and skills than
    typical illegal land border entrants), to various sectors of
    the economy. Second, visa overstayers account for a substantial
    portion of those waiting in the ``asylum backlog''--the
    estimated 400,000 persons who are waiting for adjudication by
    the INS of their asylum claims. While some of these people have
    legitimate claims, many have filed the asylum claim as a means
    of remaining in the United States indefinitely. Third,
    obstacles to enforcement against this phenomenon are likely to
    remain (or increase) with the further globalization of the
    economy and rise in the number of legitimate visitors to the
    United States. A more lengthy or intrusive inspections process
    at ports of entry might identify more aliens who intend to
    overstay, but at the price of convenience for the vast majority
    of legitimate visitors. Another alternative would be more
    extensive processing by consular officers of requests for
    nonimmigrant visas. This would require a greater commitment of
    resources to the consular bureau within the Department of
    State.
        Perhaps as a result of these difficulties, there have been
    fewer specific recommendations regarding enforcement measures
    against visa overstays. The Commission on Immigration Reform
    indicated that the solution lies in improved interior
    enforcement, chiefly by preventing employment of illegal
    aliens. (This topic is treated at greater length below.) The
    State Department now processes a vast majority of visas through
    an automated system that allows for quicker background checks,
    and most newly-issued visas are machine-readable, an additional
    security feature.10 Stricter standards for issuing visas
    have been suggested. However, in many countries with a high
    visa overstay rate, State Department consular officers already
    deny a substantial percentage of visa applications.11
        \10\ Hearing: Foreign Visitors Who Overstay, supra note 9, at 20
    (Statement of Diane Dillard, Deputy Assistant Secretary for Visa
    Services, Bureau of Consular Affairs, Department of State).
        \11\ Id. at 32-33.
    ---------------------------------------------------------------------------

    Alien smuggling

        Alien smuggling contributes greatly to the overall problem
    of illegal immigration. Whether carried out by so-called
    coyotes (smugglers) along the Southwest border, or through
    sophisticated organized crime rings that smuggle aliens into
    the United States by land, sea, and air, alien smuggling both
    adds to the overall numbers of illegal aliens in the United
    States and increases the financial and other incentives for
    such trafficking to continue. Alien smuggling is often linked
    to other crimes, such as drug smuggling and trafficking,
    prostitution, racketeering, and severe labor law violations.
    Due to the inhumane living and working conditions they face,
    many smuggled aliens are victims, more than beneficiaries, of
    this criminal activity.12
        \12\ See generally, ``Alien Smuggling: Hearing Before the Subcomm.
    on International Law, Immigration, and Refugees of the House Comm. on
    the Judiciary,'' 103rd Cong., 1st Sess. (June 30, 1993).
    ---------------------------------------------------------------------------
        Smuggling by boat is perhaps the most visible recent
    manifestation of alien smuggling carried out by organized crime
    syndicates. The arrival of the Golden Venture in New York City
    in June 1993 brought this problem to national attention: the
    vessel foundered on a sand bar, and hundreds of Chinese
    nationals struggled to reach the shore and escape, several of
    them drowning in the process. The remainder were apprehended
    and detained for exclusion proceedings, in which most claimed
    political asylum. Due to procedural delays inherent in the
    immigration hearing process, and the difficulty of arranging
    return travel to the People's Republic of China, most of these
    aliens remained in the United States more than 2 years after
    their arrival.
        Other smuggling boats have landed or been apprehended in
    United States waters, while still others have been interdicted
    in international waters. However, due to greater enforcement
    efforts, the organized smuggling by sea from Asia has decreased
    somewhat since the arrival of the Golden Venture.  (Illegal
    immigration by sea has long been prevalent from countries in
    the Caribbean, and this continues to be the case.)
        Notwithstanding the public visibility of alien smuggling by
    boat, the vast majority of smuggled aliens arrive by more
    conventional means. Some travel directly to the United States,
    using fraudulent passports and visas, and attempt entry at
    international airports. Many such aliens have presented
    passports and visas prior to embarking overseas, but destroy
    the documents en route or surrender them to confederates.
    Probably the greatest number travel through more circuitous
    routes, travelling to other countries in the Western Hemisphere
    and then arranging onward travel to the United States either by
    air or through surreptitious crossing of the land border.
        Whether they arrive by boat, directly by air, or through
    more complex routes, smuggled aliens (often with the assistance
    of smugglers) abuse immigration procedures to extend their stay
    in the United States. Thousands of smuggled aliens arrive in
    the United States each year with no valid entry documents and
    declare asylum immediately upon arrival. Due to lack of
    detention space and overcrowded immigration court dockets, many
    have been released into the general population. Not
    surprisingly, a majority of such aliens do not return for their
    hearings. In recent years, however, the number of aliens
    arriving at airports with no valid documents has decreased in
    districts, particularly in New York and Los Angeles, where
    detention capacity has increased and most mala fide aliens can
    be detained. The threat of expedited exclusion, which has been
    considered by Congress since 1993, may also have had a
    deterrent effect.
        Finally, many aliens successfully smuggled into the United
    States have filed asylum claims as a means not only to extend
    their stay, but, under regulations in effect until January
    1995, to obtain work authorization. Due to the huge backlog in
    asylum cases, and the inability of the INS to detain failed
    asylum applicants who are deportable from the United States,
    these aliens could reasonably expect that the filing of an
    asylum application would allow them to remain indefinitely in
    the United States. Under regulations effective in January 1995,
    asylum applicants no longer are entitled to receive work
    authorization. This has led to a substantial reduction in
    filing of new asylum applications. (The new asylum regulations
    are discussed below in more detail.)

       II. Inspection, Apprehension, and Removal of Criminal and Illegal
                                     Aliens

                 A. Populations of Criminal and Illegal Aliens

    Criminal aliens

        The number of criminal aliens incarcerated in Federal and
    State prisons has grown dramatically in recent years, and is
    now estimated as 100,000.13 The ``foreign-born'' 14
    population in institutions operated by the Bureau of Prisons
    (BOP) is 27,938, or 29 percent of all inmates (95,997). An
    estimated 75 percent are subject to deportation.15
    Compared to FY 1980, this is an increase from approximately
    1,000, or less than 4 percent of all BOP inmates (27,825).
    According to the BOP, the increase in the Federal alien
    prisoner population is due largely to drug convictions; 75
    percent of alien inmates are incarcerated for such offenses,
    compared to 61 percent of all Federal inmates. Foreign-born
    prisoners serve an average of 7.7 years. More than 85 percent
    are from Mexico, Central America, South America, and the
    Caribbean. The leading individual countries of origin are, in
    order, Mexico, Colombia, Cuba, the Dominican Republic, Jamaica,
    and Nigeria.
        \13\ See ``Removal of Criminal and Illegal Aliens: Hearing Before
    the Subcomm. on Immigration and Claims of the House Comm. on the
    Judiciary,'' 104th Cong., 1st Sess. 4 (Statement of T. Alexander
    Aleinikoff, General Counsel, Immigration and Naturalization Service)
    (Hearing: Criminal and Illegal Aliens).
        \14\ ``Foreign-born'' prisoners may include naturalized citizens
    and certainly includes both legal permanent residents and people who
    are in violation of their immigration status (including visa overstays)
    or who entered the U.S. without permission. See ``Criminal Aliens:
    Hearing Before the Subcomm. on Immigration, Refugees, and International
    Law of the House Comm. on the Judiciary,'' February 23, 1994, at 188-
    189 (Testimony of INS Deputy Commissioner Chris Sale). The Director of
    the BOP has testified that ``[a]s of January 29, 1994, our inmate data
    base reflects that there were 22,326 inmates in BOP custody who were
    non-United States citizens (24.8 percent of the population). Id. at
    166-167 (Statement of Kathleen M. Hawk). The BOP confirmed to the
    Committee by telephone in November 1995 that the non-citizen population
    remains at approximately 24 percent.
        \15\ Id.; ``Management Practices of the Immigration and
    Naturalization Service: Hearing Before the Subcomm. on Immigration and
    Claims of the House Comm. on the Judiciary,'' 104th Cong., 1st Sess. 41
    (February 8, 1995) (Hearing: Management Practices).
    ---------------------------------------------------------------------------
        The INS reports that there are an estimated 69,926 foreign-
    born inmates in State prisons, and that 80 percent of these, or
    55,640, are deportable.16 (The remainder are not
    deportable because they are either naturalized citizens or
    lawful permanent residents with protection from deportation.)
    More than 81 percent (56,391) of the overall foreign-born state
    prison population are in seven high immigration states:
    California, Texas, Florida, New York, Illinois, New Jersey, and
    Arizona.17 The INS believes that the number of criminal
    aliens in Federal or State prisons who are subject to final
    orders of deportation is small. The INS and the Executive
    Office for Immigration Review (EOIR) complete deportation
    proceedings against incarcerated criminal aliens through the
    Institutional Hearing Program (IHP); most IHP proceedings are
    completed close to the alien's scheduled release from prison.
        \16\ Hearing: Criminal and Illegal Aliens, supra note 13, at 8
    (Statement of T. Alexander Aleinikoff).
        \17\ Id.
    ---------------------------------------------------------------------------

    Illegal aliens

        The overall population of illegal aliens in the United
    States is now estimated at 4,000,000 or more, with an annual
    increase of 300,000 to 400,000. Only a fraction face
    immigration enforcement proceedings. In FY 1995, deportation
    proceedings resulted in orders of deportation against 82,915
    aliens. An additional 22,815 aliens were ordered deported by
    immigration judges after being found excludable from the U.S.
    Finally, 19,040 aliens were granted voluntary departure after
    being found deportable. These deportation and exclusion figures
    represent substantial increases from the same figures for FY
    1994, when 67,352 were ordered deported, 16,730 were found
    excludable, and 13,416 were granted voluntary departure. The
    principal reason is additional resources that have permitted
    the hiring of new immigration judges and INS trial counsel. The
    direct referral of unsuccessful asylum applicants to
    deportation proceedings under the new asylum regulations will
    lead to further increases in the number of deportation
    proceedings.
        In FY 1995, a total of 17,464 aliens filed appeals to the
    Board of Immigration Appeals; the BIA affirms the vast majority
    of deportation and exclusion orders. A smaller number--
    approximately 1200 in recent years--appeal their cases to the
    Federal courts.
        The number of aliens ordered deported, moreover, greatly
    exceeds the number who actually are removed from the U.S. In
    1995, the INS removed 49,311 illegal aliens, 41,451 of which
    had received deportation hearings, and 7,860 of which had been
    processed through exclusion hearings. Approximately 32,000
    (29,255 from deportation cases, and 2,738 from exclusion cases)
    of these aliens were criminals. Thus, an important subset of
    the annual growth in the number of illegal aliens--as many as
    50,000 or more--consists of those who have been ordered
    deported, but are not actually removed.
        A critical question, for which there is no precise answer,
    is how many of the aliens ordered deported but not removed are
    criminals. The INS claims that this figure is very low, because
    criminal aliens who are in INS custody and have received final
    orders of deportation are kept in custody and deported.
    However, the INS admits that some convicted criminal aliens
    with final orders of deportation are released. The INS explains
    that these are generally lawful permanent residents who are
    deemed unlikely to abscond. The INS also admits that some
    criminal aliens are released from custody prior to having their
    deportation proceedings completed. This is often done because
    of a lack of detention space. These aliens are generally
    released on bond; however, some of them do not appear for their
    deportation hearings and thus disappear into the general
    population of illegal aliens.18
        \18\ See generally Hearing: Criminal and Illegal Aliens, supra note
    13 at 45-48; Hearing: Management Practices, supra note 15, at 49-50.
    ---------------------------------------------------------------------------

    Summary

        The number of aliens incarcerated in Federal and State
    prisons has risen dramatically in the past 15 years to close to
    100,000. Approximately 45,000 criminal aliens are placed in
    deportation proceedings each year, and in the last fiscal year,
    29,000 were removed from the country. A certain number of
    criminal aliens, including a small number with final orders of
    deportation, are released from INS detention each year.
        The overall population of illegal aliens is growing much
    more rapidly (300,000-400,000 per year) than the number of
    aliens that the INS seeks to remove through deportation
    proceedings. More than 100,000 aliens are ordered deported or
    excluded each year, but only about 50,000 (32,000 of which are
    criminals) are actually removed from the United States. Thus,
    in addition to the general illegal immigrant population, there
    are growing numbers of aliens remaining in the United States
    who are not only illegally present, but who have ignored final
    orders of deportation to leave the U.S. (These figures do not
    include aliens granted voluntary departure who do not, in fact,
    depart from the U.S.)

                B. Legal Issues Pertaining to Removal of Aliens

        The vast majority of illegal aliens apprehended in the
    United States are those who have crossed the Mexican border and
    are allowed to return voluntarily without being placed in
    formal deportation proceedings. Other aliens may be placed in
    deportation proceedings under section 242 of the Immigration
    and Nationality Act (INA), 8 U.S.C. 1252, through issuance of
    an ``Order to Show Cause.'' (OSC) 19 An OSC requires an
    alien to appear for hearing before an immigration judge within
    the Executive Office for Immigration Review.
        \19\ See INA Sec. 242B.
    ---------------------------------------------------------------------------
        An alien is entitled to be represented by counsel, at no
    expense to the Government, and to examine evidence and cross-
    examine witnesses at the deportation proceeding. At most
    hearings, the issue of deportability is conceded: the alien
    essentially admits that he or she is here illegally, but seeks
    relief from deportation under one of the provisions of the INA.
    The following are the most common forms of relief:

    Voluntary departure

        Under section 244(e) of the INA, a deportable alien may be
    granted the option to voluntarily depart the United States, in
    lieu of deportation. This option is attractive because it
    allows the alien to leave without bearing the consequences of
    having been deported, which include restrictions on subsequent
    legal entries to the United States. An alien may be granted
    voluntary departure if the alien has been a person of good
    moral character for the previous five years. The grant of
    voluntary departure gives the alien a specific amount of time
    to leave the U.S., after which the alien becomes subject
    automatically to an order of deportation.

    Asylum

        The alien may state a ``defensive'' claim for asylum (as
    opposed to an ``affirmative'' claim presented in the first
    instance to an INS asylum officer). The immigration judge rules
    on the asylum claim in accordance with section 208 of the INA,
    which permits the granting of asylum to any alien present in
    the U.S. who meets the definition of a ``refugee'' under
    section 101(a)(42) of the INA.20
        \20\ An asylum claim also is considered a claim for withholding of
    deportation under section 243(h) of the INA; but very few aliens are
    granted withholding of deportation because if they are eligible for
    that form of relief, they are probably eligible for the more permanent
    relief of asylum. Withholding of deportation, which conveys no right to
    remain in the United States permanently, must be granted when the
    immigration judge finds that the alien's life or freedom would be
    threatened on account of race, religion, nationality, membership in a
    particular social group, or political opinion. (An asylee, by contrast,
    need only show a ``well-founded fear'' of persecution on account of one
    of these five grounds.)
    ---------------------------------------------------------------------------
        Under new INS regulations effective in January 1995,21
    failed applicants in the ``affirmative'' asylum system will be
    directly referred to an immigration judge for deportation
    hearing and be able to renew their asylum claim in that
    proceeding. This is expected to ensure that failed asylum
    seekers remain under INS docket control and are ordered to
    leave the country.
        \21\ 59 Fed. Reg. 62284 (Dec. 5, 1994).
    ---------------------------------------------------------------------------
        Aggravated felons are barred from seeking asylum and are
    ineligible for withholding of deportation.

    Suspension of deportation

        Under section 244 of the INA, aliens who have been present
    in the United States for seven years or longer may qualify for
    suspension of deportation if deportation would result in
    extreme hardship to the alien, or to a family member who is a
    citizen or a lawful permanent resident. Aliens convicted of
    crimes (but not aggravated felons) are eligible for suspension
    of deportation only if they have shown 10 years of good moral
    character since the conviction and can show extreme and unusual
    hardship. A person granted suspension of deportation is
    permitted to become a lawful permanent resident of the United
    States.
        Aggravated felons are ineligible for suspension of
    deportation.

    ``Section 212(c)'' relief

        Section 212(c) of the INA provides that a lawful permanent
    resident returning to an ``unrelinquished domicile'' in the
    United States of at least seven years standing may be admitted
    to the United States even if he or she is excludable for having
    committed a crime. This provision has been interpreted to apply
    to deportation proceedings as well, on the ground that it is
    unconstitutional to limit the relief to a lawful permanent
    resident who has departed the U.S.22 In these cases, the
    immigration judge decides whether the lawful permanent resident
    has established sufficient ``equities'' (including
    rehabilitation and non-recidivism) to outweigh the crime
    committed. A person granted this relief retains lawful
    permanent resident status.
        \22\ Francis v. INS, 532 F.2d 268 (2d Cir. 1976); Matter of Silva,
    16 I&N Dec. 26 (BIA 1976).
    ---------------------------------------------------------------------------
        Aggravated felons are ineligible for this form of relief if
    they have been convicted of crimes for which they have served,
    in the aggregate, five years in prison.
        Each of these forms of relief may be exploited by illegal
    aliens to extend their stay in the United States. Voluntary
    departure is subject to abuse because there is very little
    assurance that aliens actually leave the United States, and
    very little incentive for them to do so. In addition, the
    Government often gets nothing in return for granting this form
    of relief. Voluntary departure could be used to ``settle''
    deportation cases expeditiously and ensure that people actually
    leave the United States, but this is not frequently done under
    the current system.
        Asylum is often claimed by persons who have not suffered
    persecution, but who know that delays in adjudication
    (particularly in the affirmative asylum system) will allow them
    to remain in the United States indefinitely, meanwhile accruing
    time so that they will be eligible for suspension of
    deportation if they are ever placed in deportation proceedings.
        Suspension of deportation is often abused by aliens seeking
    to delay proceedings until 7 years have accrued. This includes
    aliens who failed to appear for their deportation proceedings
    and were ordered deported in absentia, and then seek to re-open
    proceedings once the requisite time has passed. Such tactics
    are possible because some Federal courts permit aliens to
    continue to accrue time toward the seven year threshold even
    after they have been placed in deportation proceedings. Similar
    delay strategies are adopted by aliens in section 212(c) cases,
    where persons who have been in the United States for a number
    of years, but have only been lawful permanent residents for a
    short period of time, seek and obtain this form of relief.

          C. Procedural Issues Pertaining to Removal of Illegal Aliens

        Illegal aliens also may frustrate removal through taking
    advantage of certain procedural loopholes in the current
    removal process.
        First, aliens may request and obtain multiple continuances,
    in order to change the venue of their hearing, obtain an
    attorney, or prepare an application for relief. Due to the
    crowded dockets in the immigration courts, delays can stretch
    out over weeks and months.
        Second, many aliens simply fail to appear for their
    deportation hearing. A 1989 study by the General Accounting
    Office estimated that 27 percent of deportation proceedings are
    closed because aliens fail to appear for their hearings. The
    ``no-show'' rate can exceed 50 percent in venues such as New
    York, Los Angeles, and Miami. Bonds apparently do not have a
    strong deterrent effect against no-shows.
        Third, lapses (perceived or genuine) in the procedures for
    notifying aliens of deportation proceedings lead some
    immigration judges to decline to exercise their authority to
    order an alien deported in absentia. These problems are
    exacerbated by the fact that aliens may request a change of
    venue of their proceeding. Often, an alien who has changed
    venue will not inform the INS of a changed address (or of
    subsequent address changes) despite the legal obligation to do
    so.
        Fourth, there are few consequences (other than forfeiture
    of bond) for aliens who fail to appear for their hearings.
    Failure to appear for earlier proceedings is rarely if ever
    cited as an example of misconduct in future hearings if the
    alien is applying for relief such as suspension of deportation.
    Furthermore, aliens expect that the INS is unlikely to mount
    any serious effort to apprehend them if they fail to appear.
        Fifth, although only a small percentage of aliens appeal
    their deportation orders to the Board of Immigration Appeals or
    to the Federal courts, those who do can count on significant
    delays in the disposition of their appeal.
        Sixth, illegal aliens apprehended at worksites have, as a
    result of being placed in deportation proceedings, acquired the
    right to obtain work authorization pending the completion of
    their hearings. This leads to the anomalous situation in which
    an alien who was illegally working for an employer one week may
    be legally re-hired the following week after being apprehended
    by INS. Cases like this should be rare in the future, however,
    since the INS in January 1995 repealed the regulatory provision
    that granted work authorization to all aliens in deportation
    proceedings.23 Aliens seeking certain forms of relief from
    deportation (though not asylum) continue to be eligible for
    work authorization.
        \23\ 59 Fed. Reg. 62284 (Dec. 5, 1994).
    ---------------------------------------------------------------------------

       D. Detention Issues Pertaining to Removal of Criminal and Illegal
                                     Aliens

        A chief reason why many deportable aliens are not removed
    from the United States is the inability of the INS to detain
    such aliens through the course of their deportation
    proceedings. The INS plans to increase its detention space to
    about 8,500 beds in FY 1996, an increase of close to 50
    percent.24 This enables the INS to detain approximately
    100,000 aliens per year, with an average stay of 28
    days.25 Detained cases are given priority in the
    immigration system, both by immigration judges and the BIA.
    However, relatively few deportable aliens, outside of
    criminals, are detained at all. In order to manage its limited
    resources, the INS has adopted the following detention
    priorities:
        \24\ Hearing: Removal of Criminal and Illegal Aliens, supra note
    13, at 35.
        \25\ The INS reported to the Committee in December 1995 that
    approximately 83,400 aliens were detained in 6,418 funded detention
    beds in FY 1995, with an average stay of 28.3 days. Increasing the
    available beds to 8,500 actually will enable the detention of more than
    100,000 aliens, based on the same average length of stay.
    ---------------------------------------------------------------------------
              1. Aliens convicted of crimes or identified as alien
            smugglers;
              2. Excludable aliens, with priority to those with
            criminal or terrorist histories or those attempting to
            enter the United States with fraudulent documents;
              3. Deportable aliens who have committed fraud against
            the INS, such as those who have entered with fraudulent
            visas;
              4. Deportable aliens who have failed to appear for
            their hearings or who have been previously ordered
            deported;
              5. Deportable aliens apprehended while trying to
            enter illegally;
              6. Other deportable aliens, including those working
            illegally;
        These priorities lead to disparities of treatment among
    aliens who might be considered as having committed similar
    immigration violations. For example, an alien who is caught at
    a port of entry with a fraudulent document is more likely to be
    detained than an alien who has entered the United States on a
    nonimmigrant visa, overstayed, and been apprehended while
    working illegally. A criminal alien is likely to be detained
    for at least some period of time; an alien who has actually
    been ordered deported is unlikely to be detained at all. In
    fact, at the conclusion of a deportation proceeding, it is
    exceedingly rare that an alien is taken into custody after
    being ordered deported, unless the alien is already in INS
    detention.
        Another issue related to the release of deportable aliens
    is the use of bonds. The INA provides that bonds can be
    required for those released pending their hearings. Bond
    amounts in immigration cases are often ``absolute''--bonding
    companies are reluctant to underwrite the high risk of aliens
    failing to appear, and thus, aliens must put up the full amount
    of the bond. In addition, the INS is sometimes reluctant to set
    bonds too high because if the alien is not able to pay, the
    alien cannot be released, and a needed bed space is lost. In
    essence, in deciding to release a deportable alien, the INS is
    making a decision that the alien cannot be detained given its
    limited resources. A bond requirement under such circumstances
    is an empty threat. In addition, an alien may contest the
    amount of bond before an immigration judge.\26\
        \26\ The procedures for setting and redetermining the amounts of
    bonds is one of the most complex procedural aspects of the deportation
    and removal process.
    ---------------------------------------------------------------------------

          E. Recent Strategies to Expedite Removal of Criminal Aliens

    The Institutional Hearing Program

        The Institutional Hearing Program (IHP) is a joint effort
    between the INS, the Executive Office for Immigration Review
    (EOIR), and State and Federal correctional officials to ensure
    that alien inmates receive orders of deportation prior to the
    end of their criminal sentences. The goal is to conclude
    exclusion and deportation hearings against criminal aliens
    before they complete their prison terms, making them amenable
    to deportation upon release.\27\ The hearings are similar in
    procedure to other deportation hearings.
        \27\ Hearing: Removal of Criminal and Illegal Aliens, supra note
    13, at 183 (Statement of Gerald S. Hurwitz, Counsel to the Director,
    Executive Office for Immigration Review).
    ---------------------------------------------------------------------------
        The program began in 1986 after the passage of the
    Immigration Reform and Control Act. It has since expanded so
    that hearings can be held in a number of Federal facilities,
    and in every State, D.C., and Puerto Rico. The IHP expedites
    hearings in Federal prisons by centralizing the alien inmate
    populations in six facilities. In the States, IHP hearings have
    been expedited through similar patterns of centralizing inmates
    at particular facilities.
        In FY 1995, a total of 9,557 criminal aliens were removed
    from the U.S. based on completion of IHP proceedings in
    federal, state, and county facilities. A larger number were
    interviewed and processed for a final removal order. In FY
    1995, the INS and EOIR have moved to expand the IHP in 5 states
    with the largest criminal alien populations: California,
    Florida, Illinois, New York, and Texas. The expansion includes
    the permanent assignment of immigration judges and INS trial
    attorneys to IHP hearing sites. In these 5 states in FY 1995,
    approximately 24,000 foreign-born inmates were interviewed and
    approximately 15,000 removal proceedings were commenced.

    Expedited administrative deportation

        Section 130004 of the Violent Crime Control and Law
    Enforcement Act of 1994 (Pub. L. 103-322, Sept. 13, 1994)
    amended section 242A of the INA to provide for expedited
    deportation procedures for aliens convicted of aggravated
    felonies who are not lawfully admitted for permanent residence
    to the United States and are not eligible for any relief from
    deportation. Under these procedures, an INS District Director
    will be able to issue an order of deportation without the need
    for a hearing before an immigration judge. The alien shall be
    provided notice of the grounds for deportation and of his right
    to contest the deportation, and shall have the opportunity to
    inspect the evidence. The alien may not be deported for a
    period of 30 days, in order to have time to contest the order
    or seek judicial review. However, judicial review is limited to
    whether the alien: (1) has been correctly identified; (2) has
    been convicted of an aggravated felony; and (3) has been
    afforded the limited procedural rights under this new
    provision.\28\
        \28\ Final regulations to implement the administrative deportation
    process were issued in August 1995. 60 Fed. Reg. 43954 (Aug. 24, 1995).
    ---------------------------------------------------------------------------

    Judicial deportation

        Section 224 of the Immigration and Nationality Technical
    Corrections Act of 1994 (enacted October 25, 1994) amended
    section 242A of the INA to provide that Federal judges may, at
    the time of sentencing of a criminal alien, order the alien to
    be deported. This obviates the need for a separate deportation
    proceeding. A United States Attorney must file a notice upon
    the defendant and the INS stating his or her intention to seek
    judicial deportation; the INS must concur with the United
    States Attorney's intention to seek an order of deportation.
    The alien must be provided notice of the grounds for
    deportation and the opportunity to examine the evidence and
    rebut the charges.

                              F. Alien Terrorists

        The removal of alien terrorists from the U.S., and the
    prevention of alien terrorists from entering the U.S. in the
    first place, present among the most intractable problems of
    immigration enforcement. The stakes in such cases are
    compelling: protecting the very lives and safety of U.S.
    residents, and preserving the national security. Yet, alien
    terrorists, while deportable under section 241(a)(4)(D) of the
    INA, are able to exploit many of the substantive and procedural
    provisions available to all deportable aliens in order to delay
    their removal from the U.S. In addition, alien terrorists,
    including representatives and members of terrorist
    organizations, often are able to enter the U.S. under a
    legitimate guise, despite the fact that their entry is inimical
    to the national interests of the U.S. In several noteworthy
    cases, the Department of Justice has consumed years of time and
    hundreds of thousands (if not millions) of dollars seeking to
    secure the removal of such aliens from the U.S.
        Starting in the first Administration of President Reagan,
    the Department of Justice has sought reform of immigration law
    and procedures to better enable this country to protect itself
    against the threat of alien terrorists. The chief target of
    these reforms are the statutory and administrative protections
    given to such aliens, many of which are not required by the due
    process clause of the Fifth or Fourteenth Amendment or any
    other provision of law, that enable alien terrorists to delay
    their removal from the U.S.
        The need for special procedures to adjudicate deportation
    charges against alien terrorists is manifest. Terrorist
    organizations have developed sophisticated international
    networks that allow their members great freedom of movement and
    opportunity to strike, including within the United States.
    Several terrorist groups have established footholds within
    immigrant communities in the U.S.
        The nature of these groups tend to shield the participants
    from effective counterterrorism efforts--including the most
    basic measure of removing them from our soil. The U.S. relies
    heavily upon close and continued cooperation of friendly
    nations who provide information on the identity of such
    terrorists. Such information will only be forthcoming if its
    sources continue to be protected. Thus, it is essential to the
    national security of the U.S. that procedures be established to
    permit the use of classified information in appropriate cases
    to establish the deportability of an alien terrorist.
        Such procedures also must be crafted to meet constitutional
    requirements. The government's efforts to safeguard lives and
    property and to protect the national security may be contested
    on the grounds that they conflict with the procedural rights of
    aliens. The interests of the government must therefore be
    balanced against the legitimate rights of those privileged to
    be present within the United States.\29\
        \29\ Fiallo v. Levi, 406 F. Supp. 162 (S.D.N.Y.), aff'd, 430 U.S.
    787 (1975); Jean v. Nelson, 472 U.S. 846, aff'g, 727 F.2d 957 (11th
    Cir. 1984); Kleindienst v. Mandel, 408 U.S. 753 (1972) (alien's
    presence in U.S. is privilege extended by Congress and not fundamental
    right.) See also Alvarez v. INS, 539 F.2d 1220 (9th Cir.), cert.
    denied, 430 U.S. 918 (1976) (applying rational basis test to equal
    protection claim for impermissible classification of aliens).
    ---------------------------------------------------------------------------

                    III. Employer Sanctions and Verification

        The availability of jobs in the U.S. economy is a primary
    magnet for illegal immigration. The employment of illegal
    aliens, in turn, causes deleterious effects for U.S. workers.
        First, illegal immigrants by and large are attracted to
    America by the lure of jobs. As Vernon M. Briggs, Jr.,
    professor of labor economics at Cornell University, stated in
    testimony before the Subcommittee on Immigration and Claims on
    April 5, 1995, ``It has long been conceded that the driving
    force behind illegal immigration is access to the U.S. labor
    market.'' \30\ The U.S. Commission on Immigration Reform
    stated:
        \30\ ``Impact of Illegal Immigration on Public Benefit Programs and
    the American Labor Force: Hearing Before the Subcomm. on Immigration
    and Claims of the House Comm. on the Judiciary,'' 104th Cong., 1st
    Sess. (1995) (Statement of Vernon M. Briggs, Jr.).

              Employment opportunity is commonly viewed as the
            principal magnet which draws illegal aliens to the
            United States. Since the beginning of U.S. history,
            foreigners have come to the United States in search of
            a better life. Whatever initially motivated them to
            come here, they often ended up seeking and finding
            employment. For years, U.S. policy tacitly accepted
            illegal immigration, as it was viewed by some to be in
            the interests of certain employers and the American
            public to do so.\31\
        \31\ 1994 Commission Report at 88 (1994).

    This ``tacit acceptance'' of illegal immigration was reflected
    in the fact that, until the last decade, no law prohibited the
    employment of illegal aliens. The Select Commission on
    Immigration and Refugee Policy (1981) stated that ``[a]s long
    as the possibility of employment exists, men and women seeking
    economic opportunities will continue to take great risks to
    come to the United States, and curbing illegal immigration will
    be extremely difficult.'' \32\ The Select Commission concluded
    that economic deterrents--specifically, a law prohibiting the
    hiring of undocumented or illegal aliens--were necessary to
    curb illegal immigration.
        \32\ 1981 Select Commission Report, supra note 1, at 59.
    ---------------------------------------------------------------------------
        Second, employment of illegal aliens is having a
    detrimental effect on low skilled American workers. Professor
    Briggs testified further that:

              Every study of illegal immigration of which I am
            aware has concluded that it is the low skilled sector
            of the U.S. labor force that bears the brunt of the
            economic burden. For illegal immigrants are
            overwhelmingly found in the secondary labor market of
            the U.S. economy. This segment of the labor market is
            characterized by jobs that require little in the way of
            skill to do them and the workers have little in the way
            of human capital to offer. The concentration of
            illegals in the secondary labor market occurs because
            most of the illegal immigrants themselves are
            unskilled, poorly educated, and non-English speaking
            which restricts the range of jobs . . . they can seek.
            . . . Although occupational definitions vary, it can be
            crudely estimated that about one quarter to one-third
            of the U.S. labor force are employed in jobs that are
            predominately concentrated in the secondary labor
            market. This high percentage certainly belies the claim
            that U.S. citizens and resident aliens will not work in
            these low skilled occupations.\33\
        \33\ See Briggs testimony, supra note 30.

    Dean Frank Morris of Morgan State University concluded at the
    same hearing that ``it is time that the labor market effects,
    especially the labor market effects of illegal immigration on
    African Americans and other low income workers be addressed as
    a top priority.'' \34\ More recently, a paper from the Bureau
    of Labor Statistics reported that immigration accounts for as
    much as 50 percent of the decline in real wages of high school
    dropouts, and for approximately 25 percent of the increase in
    the wage gap between low- and high-skilled workers.\35\
        \34\ ``Impact of Illegal Immigration on Public Benefit Programs and
    the American Labor Force: Hearing Before the Subcomm. on Immigration
    and Claims of the House Comm. on the Judiciary,'' 104th Cong., 1st
    Sess. (1995) (Statement of Frank Morris).
        \35\ David A. Jaeger, ``Skill Differences and the Effect of
    Immigrants on the Wages of Natives,'' U.S. Dep't of Labor, Bureau of
    Labor Statistics, Office of Employment Research and Program
    Development, Working Paper 273 (Dec. 1995).
    ---------------------------------------------------------------------------

    The Immigration Reform and Control Act

        Laws against the employment of illegal aliens (``employer
    sanctions'') were considered by Congress as early as the 1952
    Immigration and Nationality Act. The endorsement by the Select
    Commission in 1981 provided a strong impetus for the passage of
    such measures, and employer sanctions became a part of the
    Simpson-Mazzoli immigration reform bill, eventually enacted as
    the Immigration Reform and Control Act of 1986 (IRCA).
        IRCA's employer sanctions and verification provisions
    prohibit employers from knowingly hiring aliens who are not
    authorized to work in the United States.36 IRCA also
    requires that employers verify the employment eligibility and
    identity of all new employees by examining documents provided
    by new employees, and by completing the Employment Eligibility
    Verification Form (INS Form I-9). IRCA also prohibited
    discrimination in employment based on national origin or
    citizenship status, except with respect to persons not
    authorized to work in the United States.37 Enforcement of
    the IRCA provisions, however, has been hampered by rampant use
    of fraudulent documents, confusion on the part of employers,
    and continued access by illegal aliens to jobs and public
    benefits.38
        \36\ Title I of Pub.L. 99-603, Nov. 6, 1986, as amended, enacting
    section 274A of the Immigration and Nationality Act (INA). The
    penalties include fines from $100 to $1000 per individual for
    ``paperwork'' violations (failure to properly complete the Form I-9);
    fines of $250 to $10,000 for knowingly hiring, continuing to employ,
    recruiting, or referring an unauthorized alien to work; and criminal
    penalties for engaging in a pattern or practice of violating the
    employer sanctions provisions.
        Generally, those unauthorized to work are illegal aliens and
    holders of certain nonimmigrant visas that do not permit employment.
    However, one may be a ``legal alien'' (for example someone who is
    present legally in the United States pursuant to a type of nonimmigrant
    visa that does not authorize employment) but not be authorized to work.
    Similarly, one can be an illegal alien, but be authorized to work.
    (This latter category would include certain asylum applicants and
    aliens awaiting completion of deportation proceedings.) Lawful
    permanent residents are always authorized to work.
        \37\ Section 102 of IRCA, adding section 274B of the INA. Section
    274B provides for creation within the Department of Justice of a
    Special Counsel for Immigration-Related Unfair Employment Practices
    (``Special Counsel'' or ``OSC''). The Special Counsel employs
    approximately 14 attorneys and 3 investigators to investigate charges
    of discrimination received from the public. The Immigration Act of 1990
    increased the fines that may be imposed for discrimination violations
    to levels equivalent to those imposed for employer sanctions
    violations.
        \38\ See generally ``Verification of Eligibility for Employment and
    Benefits: Hearing Before the Subcomm. on Immigration and Claims of the
    House Comm. on the Judiciary,'' 104th Cong., 1st Sess. (March 30,
    1995).
    ---------------------------------------------------------------------------

    Work eligibility documents and document fraud

        The 29 documents that may be used to establish
    identification and eligibility to work are divided by statute
    and regulation into three categories:
              So-called ``A List'' documents establish both work
            eligibility and identification. An employee producing
            one of these 12 documents does not need to produce any
            other document.39
        \39\ These include a U.S passport, certificate of citizenship,
    certificate of naturalization, Alien Registration Receipt Card (I-151)
    or Resident Alien Card (I-551--``Green Card''), unexpired foreign
    passport stamped by the INS to indicate employment authorization,
    Temporary Resident Card (INS Form 688), Employment Authorization Card
    (Form I-688A), reentry permit (Form I-327), Refugee Travel document
    (Form I-571), employment authorization document issued by INS bearing a
    photograph. See 8 C.F.R. 274a.2(b)(1)(v)(A).
    ---------------------------------------------------------------------------
              ``B List'' documents establish identity only. The
            most common document produced from this list is the
            driver's license.40
        \40\ There are 10 such documents, including a state driver's
    license or identification card with a photograph or identifying
    information, a school ID card with photograph, a voter registration
    card, and a U.S. military or dependent's ID card. See 8 CFR
    274a.2(b)(v)(B).
    ---------------------------------------------------------------------------
              ``C List'' documents establish employment eligibility
            only. The most common documents produced from this list
            are birth certificates and the social security
            card.41
        \41\ There are 7 such documents, including the social security
    card, a certificate of birth abroad issued by the Department of State,
    an original or certified copy of a birth certificate, or an employment
    authorization card issued by the INS, but not included in List A. See 8
    CFR 274a.2(b)(v)(C).
    ---------------------------------------------------------------------------
        The employer's responsibility is limited to determining
    whether or not the documents ``appear'' to be genuine; they are
    allowed a good faith defense and are not liable for verifying
    the validity of the documents. However, employers are the
    initial enforcers of the employment eligibility restrictions.
        The number of permissible documents has long been subject
    to criticism. The INS published a proposed regulation in 1993
    (with a supplement published on June 22, 1995) to reduce the
    number of documents from 29 to 16. This proposal, however, does
    not reflect the consensus of opinion that documents should be
    reduced even further, and that documents that are easily
    counterfeited should be eliminated entirely.
        The problem of document fraud is pervasive. Social security
    cards, birth certificates, and the alien registration cards
    (``green cards'') are the most commonly used employment
    eligibility documents. They are also the ones most prone to
    counterfeit, the incidence of which has increased sharply since
    the passage of IRCA. Birth certificates, even if issued by
    lawful authority, may be fraudulent in that they do not belong
    to the person who has requested that one be issued. This
    problem is exacerbated by the large number of authorities--
    numbering in the thousands--that issue birth certificates.

    Enforcement issues

        A majority of employers comply with both the employment
    restriction and verification requirements of IRCA.
    Nevertheless, enforcement of employer sanctions has been beset
    by difficulty from the start. Among the chief problems have
    been:
              The fact that workers may present any of a large
            number of documents, some of which may be obscure or
            unfamiliar, in order to establish the worker's
            identification and eligibility to be employed;
              A proliferation of fraudulent documents, particularly
            birth certificates, social security cards, drivers'
            licenses, and INS work authorization cards, that are
            used to establish identity and eligibility to be
            employed;
              Employer confusion regarding the requirements for
            verification of work eligibility;
              Allegations that fear of liability for hiring
            unauthorized workers has led some employers to
            discriminate against job applicants who appear to be
            foreign-born;
              Tepid enforcement efforts by the INS on the hiring of
            unauthorized workers and an overemphasis on paperwork
            violations (failure to fully or correctly complete the
            I-9 form).
        Employers also report feeling trapped between the work
    verification and anti-discrimination provisions of IRCA. ``As a
    result of inconsistent and confused government regulations,
    policies or pronouncements, compliance with one of these
    precepts sometimes inevitably means violation of the other.''
    42 As a result, some businesses take a less aggressive
    posture in identifying fraudulent documents, and thus hire
    (even if unknowingly) aliens not authorized to work.
        \42\ Hearing before the Subcomm. on Immigration, Refugees, and
    International Law of the House Comm. on the Judiciary, 103rd Cong., 2d
    Sess. 83-84 (Oct. 3, 1994) (statement of Daryl Buffenstein, President-
    Elect of the American Immigration Lawyers Association).
    ---------------------------------------------------------------------------

                             iv. legal immigration

                    A. Sources of Current Immigration Policy

        Legal immigration to the United States has steadily
    increased from the end of the Second World War (during which
    virtually no immigration took place) to the current decade, in
    which an average of nearly 1,000,000 persons have legally
    immigrated (or been granted permanent resident status) each
    year. During that time, the composition of the immigration
    population also has changed. Between 1941 and 1960, the top
    five countries sending immigrants to the United States were
    Germany, Canada, Cuba, the Philippines, and the United Kingdom.
    From 1981 to 1993, the top five were Mexico, the Philippines,
    China, Korea, and Vietnam.
        These changes in immigration are due in large part to three
    major legislative enactments.

    The Immigration Act of 1965

         The Immigration Act of 1965, Pub. L. 89-236, abolished the
    national origins quota system established by the Immigration
    Act of May 26, 1924. The 1924 law prohibited virtually all
    immigration from Asian countries and imposed quotas on non-
    Western Hemisphere countries. These measures were intended to
    preserve the ethnic balance existing in the country at the time
    of the 1890 census. As a result, Southern and Eastern
    Europeans, who had comprised the majority of immigration during
    the period 1901-1920, were largely excluded under the quota
    system. Immigration from the Western Hemisphere, however, was
    virtually unrestricted.
        In place of the national origins quota system, the 1965 Act
    established a system based on overall ceilings and preference
    categories. There was an annual ceiling of 170,000 on Eastern
    Hemisphere immigration with a 20,000 per country limit. Within
    these restrictions, immigrant visas were distributed according
    to a seven-category preference system placing priority, in
    order, on family reunification, needed skills, and refugees.
    The 1965 law also provided that Western Hemisphere immigration
    would be limited by an annual ceiling of 120,000, without per-
    country limits or a preference system. Congressional amendments
    in 1976 extended the per-country limits and preference system
    to the Western Hemisphere, and in 1978 established a single
    worldwide immigrant ceiling of 270,000, exclusive of refugees.
        The principal effects of the 1965 law and these amendments
    were to make family unification the dominant principle of
    United States immigration law, and to change the ethnic
    composition of immigration. By the mid-1980s, nearly 75 percent
    of all legal immigrant admissions were admitted as immediate or
    extended family members. In addition, 85 percent of immigrants
    now come from Asia, Latin America (including Mexico), Oceania,
    and Africa; 15 percent came from Europe and Canada.

    The Refugee Act of 1980

        The next major change in immigration law was the Refugee
    Act of 1980 (Pub. L. 96-212). The law removed refugee
    admissions from the preference system and established a system
    whereby the President, after ``appropriate consultations,''
    establishes the number of refugees to be admitted in a given
    year. The law also enacted section 208 of the INA, requiring
    the Attorney General to establish a procedure for granting
    asylum to persons present in the United States or at our
    borders who meet the definition of refugee.
        During the past 15 years, the number of refugees admitted
    from overseas has increased. A record 354,000 refugees arrived
    in the United States in 1980, which included approximately
    150,000 Cuban marielitos and large numbers of Southeast Asian
    refugees. A record 155,000 refugees adjusted to permanent
    resident status in 1982. A yearly average of 110,000 refugees,
    and an additional 11,000 asylees, adjusted to permanent
    resident status in 1990 through 1994. The Administration has
    projected that there will be 90,000 refugee admissions in FY
    1996, with a gradual decrease to 50,000 per year later in the
    decade.43
        \43\ U.S. Commission on Immigration Reform, Legal Immigration:
    Setting Priorities 136 (1995) (Hereinafter referred to as 1995
    Commission Report).
    ---------------------------------------------------------------------------
        The number of asylum applications has increased more
    dramatically, from approximately 30,000 in the early 1980s to
    150,000 per year by the early 1990s. Most of these were
    meritless applications filed by illegal aliens in order to
    prolong their stay in the U.S. and to receive work
    authorization. Thus, abuse of the asylum system has had a
    profound effect on illegal immigration. On the other hand,
    legitimate use of the asylum system has not dramatically
    increased the amount of legal immigration: the number of
    persons granted asylum each year has been 15,000-20,000 or
    less. The asylum reform regulations effective in January 1995
    were intended to discourage the filing of nonmeritorious asylum
    applications by illegal immigrants and to expedite the removal
    of applicants who are denied. The number of asylum applications
    has significantly declined since these regulations went into
    effect.

    The Immigration Reform and Control Act of 1986

        The Immigration Reform and Control Act of 1986 (IRCA)
    included a program for legalization of long-term resident
    illegal aliens that will affect the flow of legal immigration
    for years to come. IRCA's legalization program included aliens
    who had resided continuously in the United States in an
    unlawful status since before January 1, 1982. In addition, the
    Special Agricultural Workers program provided for the
    legalization of certain agricultural workers (SAWs) present in
    the United States during 1985 and 1986. Approximately 2.7
    million persons received lawful permanent resident status
    through the legalization program in 1989 through 1993: about
    1.6 million as long-term illegal resident aliens and 1.1
    million as SAWs. While these numbers do not represent new
    admissions to the United States, the beneficiaries of
    legalization gain the ability to petition for relatives under
    the family preference system.

    The Immigration Act of 1990

        The Immigration Act of 1990 included the first
    comprehensive reform of the legal immigration system since the
    Immigration Act of 1965. Major changes included a separation of
    family preference and employment-based preference categories,
    an increase in total immigration under an overall pierceable
    cap, an increase in employment-based immigration from 54,000 to
    140,000, and a provision for the admission of ``diversity
    immigrants'' from countries that have been underrepresented in
    United States immigration since 1965.
         Serious consideration of changes in the system established
    in 1965 began with the report of the Select Commission in 1981.
    Legislation was introduced in the Senate after the passage of
    IRCA that would have lessened the dominance of family-based
    immigration and provided more opportunity for ``traditional
    immigrants''--those without family ties in the United States.
        As a result of the 1990 Act, there is now a worldwide
    annual level of at least 675,000 immigrants, not including
    refugees and several other categories. Of this total, 480,000
    are family-related immigrants, 140,000 are employment-based
    immigrants, and 55,000 are diversity immigrants. In the family-
    related category, there is no limit on the number of immediate
    relatives (spouses, unmarried minor children, and parents) of
    United States citizens who can be admitted in a given year. The
    number of admissions for immediate relatives of citizens counts
    against the total of 480,000 to a ``floor'' of 226,000; that
    is, at least 226,000 immigrant visas are reserved for other
    family preference categories, including unmarried (adult) sons
    and daughters of citizens (allocation=23,400), spouses and
    children of permanent resident aliens (114,200), married sons
    and daughters of citizens (23,400), and brothers and sisters of
    adult citizens (65,000).
        The 1986 amnesty provisions and the increases in the 1990
    act have resulted in high levels of admissions in recent years.
    The highest admissions level, including amnestied aliens
    adjusting to lawful status, occurred in 1991: 1,827,167. The
    highest admissions figure not counting amnestied aliens
    occurred in 1993: 880,014.

                    B. The Need for Legal Immigration Reform

        Congress has the Constitutional task to set immigration
    policy in the national interest. As a result of legislation
    enacted in 1965, 1986, and 1990, the United States has
    dramatically increased overall levels of legal immigration.
    During the past 15 years, we have admitted or legalized almost
    12 million immigrants: an average of 733,000 each year legal
    immigrants were admitted or legalized from 1981-1990, and a
    whopping 1.13 million per year from 1991-1994. These numbers
    include the amnesty granted to 2.7 million illegal aliens under
    the 1986 Immigration Reform and Control Act. There is no
    comparable sustained period of immigration growth in American
    history.
        Such large increases in immigration create problems as well
    as opportunities for the American society and economy. The
    Commission on Immigration Reform noted that ``immigrants often
    are a bright spot in today's all too often bleak urban
    environment,'' and that in areas where they concentrate,
    immigrants ``frequently establish new businesses and other
    employment-generating activities that promote the renewal of
    city neighborhoods and commercial districts.'' 44 On the
    other hand, immigration has costs as well, many related to the
    fact that such a preponderance of immigrants (close to 9
    million since 1980) are admitted without reference to their
    level of education or skills. The current cohort of immigrants
    is far more likely to have less than a high-school education
    than native-born Americans. This can have the effect of
    flooding the labor market for unskilled work, as well as
    creating pockets of impoverished immigrants who will be less
    likely to assimilate into the broader American society.45
    The rise of immigrant-based organized crime groups suggests
    that screening of potential immigrants is not as rigorous as it
    ought to be. These negative impacts are most keenly felt in the
    handful of States in which a vast majority of immigrants choose
    to live, 46 and, ironically, cause most direct harm to
    recent immigrants.47 Legal immigration policy must strike
    a proper balance so that these problems do not overwhelm the
    opportunities that immigration brings to the nation, and result
    in job loss and displacement for American workers.
        \44\ 1995 Commission Report at 20.
        \45\ 1995 Commission Report at 25.
        \46\ Seventy percent of legal immigrants intend to live in the six
    states of California (25.8 percent); New York (18.0); Texas (7.3);
    Florida (6.9); New Jersey (5.5), and Illinois (5.3). 1995 Commission
    Report at 15-16.
        \47\ 1995 Commission Report at 27.
    ---------------------------------------------------------------------------
        There also are legitimate concerns that the Government's
    and society's capacity for admitting, assimilating, and
    naturalizing immigrants have been strained by current levels of
    legal immigration. Again, these problems are heightened in
    high-immigration States. Our education system, for example, is
    burdened by the needs of immigrants who either are not
    proficient in English or illiterate in their own language or
    both. In Los Angeles county, education is provided in over 70
    languages at a larger ``per student'' cost to the taxpayer.
    While we should expect a great deal of diversity in
    immigration, the U.S.'s capacity to absorb immigrants is not
    unlimited.

    Reform of family-based immigration

        Family-based immigration is the dominant category of
    immigration growth. Demand in these categories has grown
    dramatically due to the beneficiaries of legalization under
    IRCA obtaining permanent resident status, and in some cases
    citizenship, thus allowing them to petition for relatives
    abroad. In FY 1994, for example, 497,000 family-sponsored
    immigrants were admitted, as opposed to 123,000 employment-
    based immigrants. Many of these employment-based immigrants
    were the spouses and children of the principal immigrants
    admitted for employment purposes. In addition, a significant
    portion of refugee admissions and asylum adjustments (121,000
    in 1994) consist of the relatives of principal refugee
    applicants. The primary beneficiaries of family-sponsored
    immigration are the families of recently-arrived immigrants,
    not of native-born U.S. citizens. This, combined with the share
    of family-sponsored immigration, means that most immigrants are
    admitted solely on the basis of their relationship to another
    immigrant.
        Supporters of family unification as an objective in
    immigration policy state that this pattern of immigration, in
    addition to serving the humanitarian interest in keeping
    families intact, helps immigrants to establish networks and put
    down roots that make them more productive members of society.
    However, because current family unification policy also permits
    the creation of migration ``chains''--immigrants petitioning
    for their parents and brothers and sisters, who may in turn
    petition for their children and other relatives--family
    immigration has become a form of entitlement that may crowd out
    other types of immigration that would be equally or more
    beneficial to American society. In addition, ``chain
    migration'' allows the demand for family immigration to grow
    exponentially.
        The availability of ``chain migration'' not only distorts
    the selection criteria for legal immigrants, but may add
    additional incentive for people to attempt illegal immigration
    to the U.S. There is growing evidence that some families
    overseas pool their resources to pay the smuggling fee for one
    family member to illegally enter the U.S., in the hope that
    this family member will eventually gain legal status, and be
    able to petition for other family members.48
        \48\ See, e.g., William Branigin, ``A Cottage Industry of
    Counterfeit People and Papers,'' Wash. Post, Nov. 25, 1995, A1, A12.
    ---------------------------------------------------------------------------
        There are other compelling signs that this aspect of the
    legal immigration system is broken and in need of repair. Since
    1965, family unification has been a primary goal of our
    immigration policy. Currently, however, there is a backlog of
    1.1 million spouses and minor children of lawful permanent
    residents waiting for admission or for legal status. This means
    that many legal resident aliens are physically separated from
    their husbands, wives, and children for up to four years, and
    those applying today may wait up to 10 years. Even if the
    spouses and minor children are present in the U.S., their
    immigration status is uncertain.
        The basic failure of the current system, therefore, is that
    while it sets preferences, it fails to set priorities. For
    example, with a finite number of immigrant admissions, numbers
    allocated to brothers and sisters and other categories mean
    fewer numbers are allocated to the spouses and minor children
    of lawful permanent residents. The number of visas now used to
    admit brothers and sisters and adult children should be used
    instead to reduce the backlog for nuclear family members.
        The preservation of the nuclear family, therefore, should
    continue to be a cornerstone of U.S. immigration policy. The
    same priority cannot be given, and should not be given, to the
    admission of brothers and sisters and adult sons and daughters,
    solely on the basis of their family relationship to an
    immigrant. When an adult leaves his native land to emigrate to
    America, he or she makes a decision to be separated from
    brothers and sisters, parents, and adult children. We realize
    that this is a difficult decision in many cases, but
    ultimately, it is a decision that the immigrant has made.
        Immigration policy cannot and should not attempt to soften
    the blow by holding out the hope that these adult family
    members will be eligible to immigrate to the U.S. Clear
    evidence of this fact are the enormous backlogs that now exist
    in virtually all extended family categories. As of January
    1994, the State Department estimates the following number of
    persons waiting for admission to the U.S.: (1) unmarried adult
    sons and daughters of U.S. citizens: 63,499 (current law allows
    23,400 annual admissions); (2) unmarried adult sons and
    daughters of permanent resident aliens: 450,579 (36,266 annual
    admissions); (3) married adult sons and daughters of U.S.
    citizens: 257,110 (23,400 annual admissions); and (4) brothers
    and sisters of U.S. citizens: 1,643,463 (65,000 annual
    admissions). To clear out these backlogs, immigration law would
    have to provide up to an additional 2.4 million visas: a
    dramatic increase in legal immigration at a time when
    stabilization of immigrant numbers is called for. To compound
    the problem, these 2.4 million immigrants could petition for
    admission of their relatives, thus raising demand on the legal
    immigration system to an unprecedented level and creating new,
    exponentially larger backlogs.
        Excessive backlogs in these admission categories undermine
    the credibility and integrity of U.S. immigration policy
    because they hold out a promise of opportunity to immigrate
    that cannot be met in the foreseeable future. For most, the
    opportunity to immigrate to the U.S. as the adult relative of a
    citizen or lawful permanent resident is theoretical at best: a
    newly-arriving immigrant or newly-naturalized citizen can
    expect to wait 10 years, or longer in many cases, from the time
    an immigrant visa petition is filed for his or her relative to
    the time a visa for that relative becomes available. Thus,
    these categories often do not create an opportunity to
    immigrate, but an opportunity to wait in line. Some do not wait
    their turn, but instead immigrate illegally to the U.S., hoping
    (and in many cases succeeding) to wait here until their visa
    number becomes available. Thus, the unrealistic expectations
    created by the failure to set firm priorities in the system of
    legal immigration causes further incentive for illegal
    immigration.
        Finally, the permanent excessive demand on the immigration
    system represented by these backlogs makes it difficult if not
    impossible to alter course and give greater priority to
    immigration categories that are more closely tied to the
    national interest. We can sympathize with people who have been
    waiting in line and may no longer be eligible for admission.
    But immigration is a privilege, not a right, and not all those
    eligible at one time for a visa can be guaranteed to receive
    one. Otherwise, immigration policy would be forever ``locked
    in'' to decisions and priorities of the past.

    Reform of employment-based immigration

        A reformed legal immigration system should make generous
    provision for the admission of highly-skilled and educated
    workers who will bring needed expertise to the American
    economy. For the most part, business immigration serves
    important economic and social objectives. It gives employers
    access to the increasingly global labor market and enables
    pursuit of international business opportunities, expansion in
    international markets, and overall enhancement of
    competitiveness. Business immigration can also expand job
    opportunities for U.S. workers by admitting top-flight talent
    which helps maintain U.S. leadership in developing
    technologies.
        At the same time, business immigration policies must
    protect U.S. workers from displacement or adverse effects on
    wages and working conditions. The labor certification process
    is the primary means to meet this objective. However, it should
    be recognized that a large influx of workers in and of itself
    may have some negative economic impacts. The admission of less-
    skilled workers, for example, may hurt the domestic labor force
    by increasing competition for scarce jobs at the lower end of
    the economic ladder.49 Thus, the current system ill-serves
    the American economy by allowing for the admission of 10,000
    unskilled workers per year. This is particularly true since
    large numbers of unskilled workers are admitted through the
    family-based and humanitarian categories each year.
        \49\ One recent government study found that immigration accounted
    for roughly half of the decline in real wages among workers with less
    than a high school education. See David Jaeger, ``Skill Differences and
    the Effect of Immigrants on the Wages of Natives,'' U.S. Department of
    Labor, Bureau of Labor Statistics, Working Paper 273 (Dec. 1995).
    ---------------------------------------------------------------------------
        In addition, the business immigration categories should
    more clearly define those immigrants who, for the sake of
    protecting the American work force, can only be admitted after
    their sponsoring employer completes the labor certification
    process.50 Under current law, aliens with advanced degrees
    or exceptional ability must have a job offer and are subject to
    the labor certification process. However, these requirements
    can be waived when admission of the alien is deemed by the INS
    to be ``in the national interest.'' The problem is that the
    statute fails to define what constitutes the national interest,
    which has led to absurd results: among the aliens admitted on
    the national interest waiver in recent years are a golf course
    designer, a deer farmer, a children's musician, and numerous
    corporate employees whose only claim to ``national interest''
    is improving the profitability of their own companies. All of
    these persons were presumably eligible for admission to the
    U.S., but it appears doubtful that waiver of the labor
    certification process was required by any national interest.
        \50\ See INA Sec. 212(a)(5)(A)(i).
    ---------------------------------------------------------------------------

    Reform of refugee admissions

        The current level of refugee admissions, which has exceeded
    100,000 per year for the past decade, is set by the President
    and reviewed by Congress through the consultation process
    established in the Refugee Act of 1980. A prime difficulty with
    this process is that Congress has virtually no influence in
    setting the refugee admissions numbers or allocations for any
    given fiscal year. The required consultations often take place
    weeks, if not days, before the start of the fiscal year, thus
    rendering moot the opportunity for meaningful input.
        The Refugee Act of 1980 51 was intended to establish a
    comprehensive yet flexible procedure for the admission and
    resettlement of refugees in the United States.52 To this
    end, Congress delegated authority for setting the number and
    allocation of refugee admissions to the President.53 At
    the same time, Congress retained for itself a broad
    consultative role in the process.54
        \51\ Pub. L. No. 96-212, 94 Stat. 102, in part adding INA
    Sec. Sec. 101(a)(42), 207-209, 411-414, 8 U.S.C. Sec. Sec. 1101(a)(42),
    1157-1159, 1521-1524.
        \52\ See, e.g., H.R. Rep. No. 96-608, 96th Cong., 1st Sess. 1
    (1979) [hereinafter House Report 96-608].
        \53\ INA Sec. 207(a), (b), 8 U.S.C. Sec. Sec. 1157(a), (b).
        \54\ Id.
    ---------------------------------------------------------------------------
        Under section 207(d) of the INA, the President must consult
    with certain members of the House and Senate Judiciary
    Committees prior to making any of the following determinations:
    setting the number of refugee admissions for the upcoming
    fiscal year; allocating refugee admissions within this overall
    number; that there exists an unforeseen refugee emergency
    situation justifying the admission of additional refugees over
    the limit for the current fiscal year; and allocating emergency
    refugee admissions.
        In addition to these consultation provisions, section
    207(d)(1) requires the President to report annually to the
    Judiciary Committees on anticipated allocations and to provide
    for periodic consultation between the President's
    representatives and members of those committees on the possible
    need for adjustments in the current allocation. Neither the
    allocation provision nor the report and discussion provision
    expressly confers authority to reallocate admissions or sets
    forth the procedures to be followed in effectuating a
    reallocation.
        The Refugee Act of 1980 intended to provide Congress with a
    meaningful role in the process of determining refugee
    admissions. In the words of former Representative Elizabeth
    Holtzman, then Chair of the House Subcommittee on Immigration,
    Refugees and International Law, ``Importantly, for the first
    time, the bill requires that Congress be consulted before
    refugees are admitted, and spells out in detail the elements of
    that consultation.'' 55 Additionally, the Report of the
    House Committee on the Judiciary regarding the Refugee Act of
    1980 stated the following:
        \55\ 125 Cong. Rec. H11966, H1167 (daily ed. Dec. 13, 1979)
    (statement of Rep. Holtzman).

              The Committee has made every effort to assure that
            Congress has a proper and substantial role in all
            decisions on refugee admissions. In the past, the
            Attorney General's consultation with this committee
            regarding admissions has been merely a matter of
            courtesy or custom. * * * The Committee cannot
            overemphasize the importance it attaches to
            consultation. The Congress is charged under the
            Constitution with the responsibility for the regulation
            of immigration, and this responsibility continues with
            respect to refugee admissions.56
        \56\ House Report 96-608 at 12-14 (1979).

        In the past several years, the refugee consultation process
    has devolved into a single meeting between the Executive Branch
    and the House and Senate Judiciary Committees near the end of
    the fiscal year--the very type of process which the 1980 Act
    expressly rejected. As an example, the refugee consultation for
    fiscal year 1996 occurred in the middle of September 1995--two
    weeks prior to the beginning of fiscal year 1996. The failure
    of the Administration to consult with Congress on the number
    and allocation of refugee admissions until just prior to the
    beginning of the fiscal year meant that the series of
    discussions between the President and Congress called for in
    section 207(d)(1) of the INA did not take place.
        The current process of determining refugee admissions does
    not provide Congress with a meaningful role in this process, as
    intended in the Refugee Act of 1980. The number of refugee
    admissions for a particular fiscal year should not be set
    unilaterally by the President. As former Chairwoman Holtzman
    stated: ``* * * there is no substitute for public scrutiny,
    public disclosure, public debate on an issue of such importance
    as the admission of refugees to the United States.'' 57
    The only way to have an adequate public debate on the issue of
    refugees is to give Congress a more meaningful role in
    determining number and allocation of refugee admissions.
        \57\ 125 Cong. Rec. H37203 (daily ed. Dec. 20, 1979).
    ---------------------------------------------------------------------------
        Some may argue that Congress exercises adequate control
    over the numbers of refugees admitted through its power over
    the appropriations process. However, it is virtually impossible
    for Congress to reduce the number of refugees admitted by
    failing to fund programs for persons often already in this
    country or whom the President has already promised to admit. In
    the past, attempts by Congress to exercise control over refugee
    admissions through the appropriations process have only
    resulted in shifting a majority of the costs for resettling
    refugees to the State and local levels. Reducing federal
    funding for refugee resettlement has had no effect on the
    number of refugee admissions.
        Congress also should re-assess the appropriate level of
    refugee resettlement in the United States. The United Nations
    High Commissioner for Refugees has estimated that the total
    population of refugees requiring resettlement may be under
    50,000 per year. Even if the U.S. took half or more of this
    number, it would be much less than our current refugee
    admissions, which have averaged over 100,000 in recent years.
        In addition, the U.S. admits large numbers of persons,
    particularly from the former Soviet Union, who would not be
    considered ``refugees'' by the UNHCR. In fact, the vast
    majority of refugees admitted to the U.S. in recent years have
    been admitted under a program which establishes a threshold for
    determining refugee status that is lower and thus significantly
    more generous than that contained in the INA or in
    international law.58 Without this program, U.S. refugee
    admissions would be significantly below the 50,000 target
    originally established in the Refugee Act of 1980. The U.S.
    refugee programs in the former Soviet Union and Vietnam are
    expected to phase out during the next few years, leading the
    State Department to project that the Administration's refugee
    target will be 50,000 by FY 1998. Thus, under the State
    Department's plans, there would be no need for additional
    legislation authorizing higher refugee admissions should the
    provisions of this bill be enacted.
        \58\ The so-called Lautenberg Amendment--named after its author,
    Sen. Frank Lautenberg (D-N.J.)--allows certain residents of the former
    Soviet Union and Southeast Asia to be deemed refugees by merely
    asserting, not establishing, a fear of persecution. See Sec. Sec. 599D,
    599E, Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1990 (Pub. L. 101-167, Nov. 21, 1989), as amended
    by Sec. 598 of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 1990, (Pub. L. 101-513, Nov. 5, 1990), the
    Miscellaneous Technical Immigration and Naturalization Amendments of
    1991, (Pub. L. 102-232, Dec. 12, 1991), Sec. 582 of the Foreign
    Operations, Export Financing, and Related Programs Appropriations Act,
    1993 (Pub. L. 102-391, Oct. 6, 1992), Sec. 905 of the FREEDOM Support
    Act (Pub. L. 102-511, Oct. 24, 1992), Sec. 512 of the Foreign Relations
    Authorization Act, Fiscal Years 1994 and 1995 (Pub. L. 103-236, April
    30, 1994), and Sec. 219(bb) of the Immigration and Nationality
    Technical Corrections Act of 1994 (Pub. L. 103-416, 108 Stat., Oct. 25,
    1994)); 8 U.S.C. 1157 note. The standard applied to all other
    applicants is whether the applicant has demonstrated a well-founded
    fear of persecution. See INA Sec. 101(a)(42). See also Article I of the
    Protocol Relating to the Status of Refugees, 19 UST 6223, TIAS 6577
    (1968).
    ---------------------------------------------------------------------------

    Reform of asylum

        The asylum system established in the 1980 Refugee Act has
    provided protection to thousands of legitimate claimants, but
    has been subject to abuse by tens of thousands more who filed
    non-legitimate claims simply in order to extend their stay in
    the U.S. and to receive work authorization. Recently, as many
    as 140,000 ``affirmative'' asylum applications have been filed
    per year with the INS. This is in addition to the thousands of
    ``defensive'' asylum applications filed by aliens in exclusion
    and deportation proceedings. The INS has been able to resolve
    only one-third of these new filings in recent years, meaning
    that a huge backlog of claims, over 400,000, had developed by
    the end of FY 1994.
        The Administration has taken significant steps to resolve
    these problems, principally through regulations effective in
    January 1995. Under these new rules, asylum applicants no
    longer will be eligible for work authorization unless they are
    granted asylum or there are unusual delays in completing
    adjudication of their claims. Asylum claims are scheduled for
    interview within 45 days of the application. The asylum officer
    will either grant the claim, or refer the case without decision
    to an immigration judge. (The vast majority of asylum
    applicants are not lawfully present in the U.S., and under the
    administrative reforms, the final decision on referred cases
    will be made by the immigration judge in the context of a
    deportation proceeding.) The entire system is streamlined, with
    the objective of completing proceedings before the immigration
    judge within 180 days of the original application.
        These reforms are a strong step in the right direction, and
    have apparently resulted in a 50 percent or greater reduction
    in the filing of new asylum claims. However, the regulations do
    not address several significant issues. First, aliens remain
    able to file an asylum application regardless of how long they
    have resided in the United States, and many applications are
    filed by aliens who have been here for years. International law
    anticipates that aliens who have illegally entered a country in
    order to flee persecution should present themselves ``without
    delay'' to the authorities.59 This is the exception,
    rather than the rule, under the U.S. asylum system.

        \59\ Article 31 of the United Nations Convention Relating to the
    Status of Refugees (1951) states in part:

            The Contracting States shall not impose penalties, on
          account of their illegal entry or presence, on refugees
          who, coming directly from a territory where their life or
          freedom was threatened * * * enter or are present in their
          territory without authorization, provided they present
          themselves without delay to the authorities and show good
          cause for their illegal entry or presence.
        Second, the U.S. system includes no meaningful provision
    for the return or removal of aliens to countries (including
    countries through which they have travelled prior to reaching
    the U.S.), in which they would not be persecuted and in which
    they would have access to proper asylum procedures. Refugees
    fleeing persecution should ordinarily seek protection in the
    first safe country to which they travel. Many people seeking
    asylum in the U.S. have travelled through one or more countries
    in which comparable asylum procedures and protection are
    available.
        Third, despite greater efficiency in the process, there are
    no firm targets for completion of asylum cases. The problem
    with delay in the asylum system has been so pervasive that
    nothing short of firm, legislated deadlines will be sufficient
    to ensure that this problem does not persist into the future.
        Fourth, legislation is required to ensure that illegal
    aliens denied asylum are actually removed from the U.S. The
    reforms in Title III of this bill address this concern.
        Finally, asylum legislation should codify the best features
    of the administrative reforms of the asylum process, including
    the new rules on employment authorization. This will clarify
    the firm Congressional support for asylum reform and prevent
    court challenges to the administrative reforms on the grounds
    that they have not been authorized by Congress.

    Reform of parole

        Section 212(d)(5) of the INA grants the Attorney General
    broad discretion to ``temporarily'' parole aliens applying for
    admission to the United States into the country for ``emergent
    reasons or reasons deemed strictly in the public interest.''
    Under this section, parole is not to be regarded as an
    admission of the alien. Once the purposes for such parole are
    served, the alien must be returned to the custody from which he
    or she was paroled.
        The text of section 212(d)(5) is clear that the parole
    authority was intended to be used on a case-by-case basis to
    meet specific needs, and not as a supplement to
    Congressionally-established immigration policy. In recent
    years, however, parole has been used increasingly to admit
    entire categories of aliens who do not qualify for admission
    under any other category in immigration law, with the intent
    that they will remain permanently in the United States. This
    contravenes the intent of section 212(d)(5), but also
    illustrates why further, specific limitations on the Attorney
    General's discretion are necessary.
        Additionally, the Attorney General has not kept accurate
    records in the past of the way in which parole authority is
    used. Consequently, Congress has no way to effectively exercise
    its oversight authority over the use of parole. Without an
    effective control mechanism, the Attorney General can continue
    to use the parole authority to implement immigration policy
    without Congressional knowledge or approval.
        An example of a recent abuse of the parole authority stems
    from the September 1994 migration agreement negotiated by the
    Clinton Administration with Cuba. To implement this agreement,
    the Administration is using the parole authority to admit up to
    20,000 Cuban nationals annually. The paroled Cubans will
    eventually be entitled to adjust to permanent resident
    status.60
        \60\ Under the provisions of the Cuban Adjustment Act of 1966,
    natives or citizens of Cuba who are admitted or paroled into the United
    States after Jan. 1, 1959 are eligible to adjust to permanent resident
    status without leaving the U.S. after residing in the country for a
    period of one year. See Act of Nov. 2, 1966, 80 Stat. 1161, H.R. Rep.
    No. 89-178, 89th Cong., 2d Sess. 3 (1966).
    ---------------------------------------------------------------------------
        In this case, the use of parole to fulfill the terms of the
    Cuban migration agreement is a misuse and intentionally admits,
    on a permanent basis, aliens who are not otherwise eligible for
    immigrant visas. According to the Supreme Court, Congress has
    plenary power over immigration policy: a power that is largely
    immune from interference.61 Such use of the parole
    authority has not been authorized by Congress. Indeed, the
    Clinton Administration did not even attempt to consult with
    Congress in negotiating the Cuban migration agreement.
        \61\ Harisiades v. Shaughnessy, 342 U.S. 580 (1952); Fiallo v.
    Bell, 430 U.S. 787 (1977); Plyler v. Doe, 457 U.S. 202 (1982).
    ---------------------------------------------------------------------------
        Parole should only be given on a case-by-case basis for
    specified urgent humanitarian reasons, such as life-threatening
    humanitarian medical emergencies, or for specified public
    interest reasons, such as assisting the government in a law-
    enforcement-related activity. It should not be used to
    circumvent Congressionally-established immigration policy or to
    admit aliens who do not qualify for admission under established
    legal immigration categories.

    The need for humanitarian admissions

        The United States has traditionally admitted immigrants who
    are of special humanitarian concern to our nation. While
    provisions exist in the law to admit refugees and aliens
    granted asylum, there are aliens of humanitarian concern to the
    U.S. that do not meet the definition of a refugee. The lack of
    a single, transparent category for the admission of such aliens
    has also contributed to the improper use of parole authority by
    the Attorney General, as in the case of the implementation of
    the Cuban migration agreement. If a category existed in the law
    to provide for a limited number of humanitarian visas each year
    at the discretion of the Attorney General, migration agreements
    such as the recent agreement with Cuba could be negotiated
    without violating other existing provisions in immigration law.

                              C. Reform Proposals

    Commission on immigration reform

        The Commission on Immigration Reform has recommended a
    significant redefinition of priorities and a reallocation of
    existing admission numbers to ensure that immigration continues
    to serve our national interests. The Commission defined several
    principles that should guide immigration policy: the
    establishment of clear goals and priorities; the enforcement of
    immigration limits; regular periodic review; clarity and
    efficiency; enforcement of the financial responsibility of
    sponsors to prevent immigrants from becoming dependent on
    public benefits; protection of American workers; coherence; and
    ``Americanization''--the assimilation of immigrants to become
    effective citizens.
        The Commission recommended that there be three major
    categories of legal immigration--family-based, skills-based,
    and refugees. The current category for diversity admissions
    would be eliminated.
        Within the family category, the spouses and minor children
    of U.S. citizens would be admitted on an unlimited basis, as
    under current law. The parents of citizens could also be
    admitted, but with stricter sponsorship requirements than
    currently exist. Third priority would be given to the spouses
    and minor children of lawful permanent residents. The proposed
    400,000 cap for family admissions would accommodate current
    demand in these categories and allow for growth in the
    unlimited category of spouses and children of citizens. In
    addition, the Commission would make available 150,000
    additional visas during each of the first 5 years to clear the
    backlog of spouses and children (``nuclear family'') of lawful
    permanent residents.
        The Commission also proposed the elimination of the
    following family categories: adult unmarried sons and daughters
    of U.S. citizens; adult unmarried sons and daughters of lawful
    permanent residents; adult married sons and daughters of
    citizens; and brothers and sisters of adult U.S. citizens. This
    was done for several reasons: to focus priority on the
    admission of nuclear family members; to reduce the waiting time
    for nuclear family members of lawful permanent residents
    without raising overall immigration numbers; and to eliminate
    the extraordinary backlogs in these categories that undermine
    credibility of the immigration system. Most importantly, the
    Commission believes that ``[u]nless there is a compelling
    national interest to do otherwise, immigrants should be chosen
    on the basis of the skills they contribute to the U.S.
    economy.'' Admission of nuclear family members and refugees
    present such a compelling interest, but admission of more
    extended family members solely on the basis of their family
    relationship is not as compelling.62
        \62\ 1995 Commission Report at 72.
    ---------------------------------------------------------------------------
        The Commission recommended that up to 100,000 skills-based
    immigrants be admitted each year in two basic categories: those
    exempt from labor market testing, and those subject to labor
    testing. The exempt category would include aliens with
    extraordinary ability, multinational executives and managers,
    entrepreneurs, and ministers and religious workers. Others that
    would be subject to labor market testing include professionals
    with advanced degrees and baccalaureate degrees, and skilled
    workers with 5 years specialized experience. The category for
    unskilled workers would be eliminated. In place of the current
    labor certification process, those immigrants subject to labor
    market testing could only be admitted if their prospective
    employer paid a substantial fee and demonstrated appropriate
    attempts to find qualified U.S. workers. The fee would be used
    to support private sector initiatives for the education and
    training of U.S. workers. In addition, such immigrants would be
    admitted on a conditional basis that would convert to permanent
    status after 2 years if the immigrant was still employed by the
    same employer at the attested original wage or higher.
        The Commission recommended that 50,000 admission numbers be
    allocated each year to refugees, not including the adjustment
    to permanent resident status of aliens already present in the
    U.S. who are granted asylum. Refugee admissions could exceed
    50,000 in the case of an emergency, or through approval by
    Congress.

    Administration

        The Clinton Administration has not formally submitted to
    Congress recommended legislation on legal immigration reform.
    However, in testimony before the Senate Subcommittee on
    Immigration in September 1995, the Commissioner of the INS
    outlined the Administration's proposal on this subject.63
    The proposal would call for a flexible annual admissions
    ceiling of approximately 500,000, including family and
    employment-based admissions, but not refugees. The diversity
    category would be eliminated.
        \63\ ``Legal Immigration Reform: Hearing Before the Subcommittee on
    Immigration of the Senate Judiciary Committee'', 104th Cong., 1st Sess.
    (September 13, 1995) (Statement of Doris Meissner, Commissioner,
    Immigration and Naturalization Service).
    ---------------------------------------------------------------------------
        The Administration would maintain the current unlimited
    admissions for spouses, minor children, and parents of U.S.
    citizens, and also preserve categories for the adult children
    of U.S. citizens and lawful permanent residents. The category
    for brothers and sisters of citizens would be eliminated. The
    plan makes no specific provision for backlog clearance for
    nuclear family members of lawful permanent residents. However,
    the Administration believes that recent increases in
    applications for naturalization, combined with a new
    ``Naturalization 2000'' program being implemented by the INS,
    will result in naturalization of most of the sponsoring aliens
    who are currently lawful permanent residents. This will
    ``move'' the backlog into the unlimited category for admission
    of spouses and minor children of U.S. citizens. The
    Administration has estimated that this may increase the number
    of admissions in this unlimited category by as much as 60,000
    per year, which would cause a concomitant increase in the
    overall annual admissions figure. The Administration would
    admit 100,000 employment-based immigrants and eliminate the
    current category for unskilled workers.
        On refugees, the Administration would retain current law,
    which permits the ceiling to be set by the President on an
    annual basis after consultation with Congress. The State
    Department has projected that refugee admissions, which are to
    be 90,000 in FY 1996, will decrease to 70,000 in FY 1997 and
    50,000 thereafter.64
        \64\ 1995 Commission Report at 136.
    ---------------------------------------------------------------------------

                               V. Public Benefits

        As a matter of national policy regarding immigration and
    welfare, self-sufficiency has been a basic principle of United
    States immigration law since this country's earliest
    immigration statutes. It continues to be the immigration policy
    of the United States that aliens within the nation's borders
    not depend on taxpayer-funded public resources to meet their
    needs, but rather rely on their own capabilities and the
    resources of their families, their sponsors, and private
    organizations. The availability of taxpayer-funded public
    benefits should not constitute an incentive for immigration to
    the United States.
        Since 1882, aliens have been excludable from admission to
    the U.S. if found likely to become ``public charges.'' 65
    Since 1917, aliens have been subject to deportation from the
    U.S. for becoming public charges after entry from causes
    arising before entry. By regulation and administrative
    practice, the State Department and the INS permit those
    immigrants who would otherwise be excluded as public charges to
    overcome exclusion through an affidavit of support, which is
    executed by a person who agrees to provide financial support
    for the alien (the alien's ``sponsor'').
        \65\ INA Sec. 212(a)(4), 8 U.S.C. Sec. 1182(a)(4).
    ---------------------------------------------------------------------------
        Despite the long-standing principle of self-sufficiency,
    aliens have been applying for and receiving public benefits
    from Federal, State and local governments at increasing rates.
    Only a negligible number of aliens are deported on public
    charge grounds. Further, various State court decisions and
    decisions by immigration courts have held that the affidavits
    of support, as currently constituted, do not impose a binding
    obligation on sponsors to reimburse welfare agencies that
    provide public benefits to sponsored aliens. As a result, these
    provisions have been wholly incapable of assuring that
    individual aliens not burden the public benefits system and,
    consequently, the taxpayer.
        Many studies at the national, State, and local levels have
    examined the use of public benefits by non-citizens. One of the
    better of these studies was recently conducted by Professor
    George J. Borjas, formerly of the University of California at
    San Diego and presently at Harvard University. Professor
    Borjas, a Cuban immigrant to the U.S. who specializes in
    economics, concluded in his study ``Immigration and Welfare,
    1970-1990'' that immigrants use public benefits to a greater
    degree than citizens, and estimated that the annual cost to the
    American taxpayer of providing means-tested public assistance
    to immigrants, deducting the amount they pay in taxes, is $16
    billion.66 Professor Borjas cites that 9.1 percent of
    immigrant households received cash welfare assistance in 1990,
    compared with 7.4 percent of native households.67 The
    average amount of cash assistance received by an immigrant
    household was $5,400 annually, compared with $4,000 for a
    native household.68 Further, from 1970-1990 the total
    amount of cash assistance received by immigrant households was
    56 percent higher than would have been the case if immigrants
    used the welfare system to the same extent as natives.69
    In a more recent study, Professor Borjas has found that 26
    percent of immigrant households receive some form of public
    benefits. In the Supplemental Security Income program alone,
    immigrant applications increased 580 percent from 1982-1994,
    compared to a 49 percent increase for natives.70
        \66\ George J. Borjas, Immigration and Welfare, 1970-1990 23 (Nat'l
    Bur. Econ. Res. Working Paper No. 4872, Sept. 1994).
        \67\ Id. at 4-5.
        \68\ Id. at 9.
        \69\ Id. at 20.
        \70\ Social Security Administration.
    ---------------------------------------------------------------------------
        Allowing immigrants to become dependent on public
    assistance undermines America's historic immigration policy
    that those who come to the country be and remain self-
    sufficient. Welfare destroys the recipient's work incentives,
    encourages the breakdown of the family unit, and transmits
    dependency across generations. Further, it keeps immigrants
    from becoming productive participants in American society.
        The Committee believes that it is a compelling government
    interest to enact new rules for eligibility and sponsorship
    agreements in order to assure that aliens be self-reliant in
    accordance with the longstanding tenets of national immigration
    policy. It is also a compelling government interest to remove
    the incentive for illegal immigration provided by the easy
    availability of public benefits. Finally, with respect to the
    State authority to make determinations concerning alien
    eligibility for public benefits in this legislation, a State
    that chooses to follow the Federal classification in
    determining the eligibility of aliens for public benefits shall
    be deemed by any Federal or State court to have chosen the
    least restrictive means available for achieving the compelling
    governmental interest of assuring that aliens be self-reliant
    in accordance with national immigration policy.

                      VI. Skilled Nonimmigrants (H Visas)

                                The H-1B Program

    Background

        Up to 65,000 ``H-1B'' visas 71 are granted each year
    for foreign workers coming to perform work in specialty
    occupations (requiring at least a baccalaureate degree or its
    equivalent) or as fashion models. Since the visas are good for
    up to 6 years, a total of 390,000 H-1B aliens can be working in
    the United States at any one time. Typical occupations are
    computer programmers, engineers, physical therapists and
    university professors and researchers.
        \71\ See INA Sec. Sec. 101(a)(15)(H)(i)(b) and 214(g)-(i).
    ---------------------------------------------------------------------------
        In order to enable H-1B aliens to be brought on board
    promptly, employers are not required to engage in a lengthy
    labor certification process (such as that used for employment-
    based immigrants) prior to the arrival of the alien in the
    United States. Protection of American workers from unfair
    competition in the H-1B program is accomplished by requiring
    employers to file a ``labor condition application'' (``LCA'')
    making certain basic attestations. The Secretary of Labor is
    empowered to investigate complaints alleging noncompliance with
    these attestations.72
        \72\ See INA Sec. 212(n).
    ---------------------------------------------------------------------------
        The attestations include:
              (1) the employer will pay the H-1B alien wages which
            will be the higher of the actual wage level paid by the
            employer to all other individuals with similar
            experience and qualifications for the specific
            employment in question or the prevailing wage level for
            the occupational classification in the area of
            employment, and the employer will provide working
            conditions for the H-1B that will not adversely affect
            those of workers similarly employed;
              (2) there is no strike or lockout in the course of a
            labor dispute in the occupational classification at the
            place of employment;
              (3) the employer has provided notice of the filing of
            the application to the bargaining representative of the
            employer's employees in the occupational classification
            and area for which the H-1Bs are sought, or if there is
            no such bargaining representative, has posted notice in
            conspicuous locations at the place of employment; and
              (4) the LCA will identify the number of workers
            sought, the occupational classification in which the
            workers will be employed, and the wage rate and
            conditions under which they will be employed.
            Department of Labor regulations require that the
            employer also identify the place of intended employment
            and the specific source relied upon to determine the
            prevailing wage.73
        \73\ See 59 Fed. Reg. 65646, 65662 (Dec. 20, 1994); 20 CFR 655.730
    (1995).
    ---------------------------------------------------------------------------
        The Secretary of Labor must accept the LCA within 7 days
    unless it is incomplete or obviously inaccurate. Departmental
    investigations as to whether the employer has failed to fulfill
    its attestations or has misrepresented material facts in its
    LCA are triggered by complaints filed by aggrieved persons or
    organizations. The employer can be subject to penalties
    including civil monetary fines of up to $1,000 per violation
    and an inability to have petitions approved for alien workers
    (both immigrant and nonimmigrant) for at least 1 year. In
    addition, if wages were not paid at the required wage level,
    back pay can be awarded to an H-1B alien.

    The current controversy

        The H-1B program has recently become embroiled in
    controversy. Certain employers appear to be using H-1B aliens
    in ways contrary to the intent of the program. They are
    building workforces almost entirely composed of H-1Bs instead
    of using the aliens to ameliorate temporary skills shortages in
    the American labor force, and are often serving as ``job
    contractors,'' leasing out these pooled H-1Bs to other firms.
    Since the job contractor, not the business where the H-1B
    employee will actually work, is considered the employer, it is
    the contractor's responsibility to make and fulfill the
    required attestations. This can have the effect of defeating
    the H-1B program's safeguards. Finally, in many instances
    American employees are being fired and replaced with H-1Bs at
    lower wages. Secretary of Labor Robert Reich recently expressed
    worry over these practices:

              Our experience with the practical operation of the H-
            1B program has raised serious concerns * * * that what
            was conceived as a means to meet temporary business
            needs for unique, highly skilled professionals from
            abroad is, in fact, being used by some employers to
            bring in relatively large numbers of foreign workers
            who may well be displacing U.S. workers and eroding
            employers' commitment to the domestic workforce. Some
            employers * * * seek the admission of scores, even
            hundreds of [H-1Bs], especially for work in relatively
            low-level computer-related and health care occupations.
            These employers include ``job contractors,'' some of
            which have a workforce composed predominantly or even
            entirely of H-1B workers, which then lease these
            employees to other U.S. companies or use them to
            provide services previously provided by laid-off U.S.
            workers.74
        \74\ ``Nonimmigrant Visas: Hearings Before the Subcomm. on
    Immigration of the Senate Comm, on the Judiciary,'' 104th Cong., 1st
    Sess. (Sept. 28, 1995) (Statement of Robert Reich, Secretary of Labor).
    ---------------------------------------------------------------------------

    The Department of Labor response

        Responding to such concerns, the Department of Labor
    promulgated a set of final rules which went into effect on
    January 19, 1995.75 Instead of targeting job contractors
    or companies relying to an inordinate degree on H-1B aliens,
    the regulations imposed new requirements on all employers of H-
    1B aliens. The Committee believes that four of the regulations
    and a section of the appendix to the regulations are unduly
    burdensome to legitimate users of H-1Bs.
        \75\ See 59 Fed. Reg. 65646 (Dec. 20, 1994).
    ---------------------------------------------------------------------------
        The first of the regulations requires that ``[w]here the
    employer places any H-1B nonimmigrant(s) at one or more
    worksites not contemplated at the time of filing the
    application, but which are within the area of intended
    employment listed on the [application],76 the employer is
    required to post notice(s) at such worksite(s) * * * .''
    77
        \76\ The area of intended employment is defined as the area
    ``within normal commuting distance of the place (address) of
    employment.'' 20 CFR 655.715 (1995).
        \77\ 20 CFR 655.734(a)(1)(ii)(D) (1995).
    ---------------------------------------------------------------------------
        This regulation has a defensible purpose. If an employer is
    a job contractor and places H-1Bs at other firms, a posting at
    the contractor's headquarters will not necessarily provide
    adequate notice to the employees of the other firms, who are
    the ones who might be negatively impacted and who must file
    complaints for the enforcement program to work. A regulation
    requiring additional postings in such circumstances makes
    sense, and was in fact once proposed by the Department.78
    But the regulation does not stop there. It requires that all
    employers employing H-1Bs must ensure that notice is posted at
    whatever worksites an H-1B alien ventures to in the course of
    his or her employment. Thus, if an H-1B goes to a client of his
    or her employer to service equipment or make a sales pitch,
    notice has to be posted at the client's location. If an H-1B
    goes to a potential client to prospect for business, to a law
    firm to give a deposition, to a university for training, or to
    a convention, notice has to be posted at the respective
    locations. In all these instances, the employer must obtain the
    consent from the owners of the subject property to post notice
    (including the wages of the H-1B) on their property. This
    mandate requires more than customary and reasonable business
    norms would allow.
        \78\ See 58 Fed. Reg. 52152, 52161 (Oct. 6, 1993)(Sec. ------.735).
    The proposed regulation defined a job contractor as ``an employer whose
    employees perform their duties in whole or in part at worksites that
    are owned, operated, and controlled not by the job contractor, but by
    an entity with which the job contractor has a contractual relationship
    and which displays indicia of an employment relationship with the job
    contractor's employees (e.g., assignment of tasks; day to day
    supervision of performance; evaluation of performance).'' Id. at
    Sec. ------.715.
    ---------------------------------------------------------------------------
        The second of the problematic regulations requires an
    employer to file a new LCA if any H-1B or combination of H-1Bs
    is placed in an area of employment not listed in their original
    LCA(s) for a cumulative period of more than 90 workdays within
    a 3-year period. A ``workday'' means any day on which any H-1B
    performs any work in a non-listed area of employment.79
    Thus, if New York City is not listed on the employer's LCA(s),
    the employer may not permit any H-1B to work in that area
    (without filing a new LCA listing New York City) if, in the
    previous 3 years, any H-1B(s) employed by that employer have
    worked in New York City for a cumulative total of 90 days.
        \79\ 20 CFR 655.735(a), (b)(4) (1995).
    ---------------------------------------------------------------------------
        This regulation also has a defensible purpose, to ensure
    that the notice and prevailing wage requirements of an
    attestation apply to the location where an H-1B alien actually
    works. For example, if an H-1B is brought to the country by a
    job contractor in Baltimore and placed at a firm in San
    Francisco, the notice attestation in the original LCA will only
    require notice in Baltimore and the wage requirement will
    require the payment of the wage prevailing in Baltimore.
    Requiring a new LCA with San Francisco listed as the area of
    employment will result in notice to co-workers in San Francisco
    and the payment of the San Francisco prevailing wage. For the
    same reasons, an additional application also makes some sense
    when a company sends an H-1B to work permanently at its San
    Francisco branch, where the initial LCA stated that he or she
    would work in its Baltimore headquarters.
        Again, however, the regulation covers all instances in
    which an H-1B is sent out of the office. In business today,
    success in many occupations requires frequent travel around the
    country and the Committee recognizes two undue burdens with the
    application of this regulation to all employers of H-1B
    nonimmigrants. First is requiring an employer to file a new LCA
    whenever it sends H-1Bs on legitimate business trips exceeding
    some arbitrary period of time to cities not listed on their
    LCAs. Second is the administrative burden of having to track
    every city in the country to which it sends H-1Bs (on whose
    LCAs the city is not listed) to ensure that no city receives
    any combination of such H-1Bs for a total of more than 90 days
    every three years.
        The third provision of concern to the Committee requires
    employers who send H-1Bs to a non-listed area of employment to
    pay the H-1B per diem and transportation expenses (for both
    work and non-work days) at rates no lower than those prescribed
    for Federal Government employees on travel or temporary
    assignment.80 This provision appears designed to ensure
    that the salaries of H-1Bs are not indirectly lowered by
    forcing them to pay their own travel expenses, and to ensure
    that ``travelling'' employees are, in fact, on temporary
    assignment. However, to require that such expenses be
    reimbursed at Government rates is unacceptable micromanagement
    of corporate travel policy for companies that are not prone to
    abusing the H-1B program: non-H-1B dependent employers.
        \80\ 20 CFR 655.735(b)(3) (1995).
    ---------------------------------------------------------------------------
        The fourth area of concern involves investigations by the
    Department of Labor. Section 212(n)(2)(A) of the INA states
    that ``complaints may be filed by any aggrieved person or
    organization (including bargaining representatives).'' Congress
    clearly intended to implement a complaint-driven system in
    which co-workers, unions, and competitors would be the parties
    authorized to complain and thus set into motion Department of
    Labor investigations. However, the regulations now define
    aggrieved party to include ``[a] government agency which has a
    program that is impacted by the employer's alleged non-
    compliance with the labor condition application'' 81--
    i.e., the Department of Labor. Then, the regulations state that
    the Secretary shall investigate misrepresentation or failure of
    an employer to meet an attestation ``either pursuant to a
    complaint or otherwise''.82 This action by the Department
    of Labor contravenes the legislative intent of the Immigration
    Act of 1990.
        \81\ 20 CFR 655.715 (1995).
        \82\ 20 CFR 655.710 (1995).
    ---------------------------------------------------------------------------
        Lastly, the appendix to the regulations states that in
    determining the actual wage level paid by the employer to
    workers similarly employed as an H-1B, ``[t]he employer must
    have and document an objective system used to determine the
    wages of non-H-1B workers, and apply that system to H-1B
    nonimmigrants as well.'' 83 Whether the intent of this
    requirement was just to make it easier for the Department to
    determine the actual wage paid in various instances or whether
    broader policy goals were in mind, the move was unwarranted. It
    was clearly never the intent of Congress to use the H-1B
    program as a way of mandating how employers pay their non-H-1B
    employees. As long as an employer pays its H-1Bs the actual
    wage (assuming it is higher than the appropriate prevailing
    wage), the employer should be free to determine its wage scale,
    constrained by factors such as market forces, contractual
    agreements, collective bargaining, and the minimum wage.
        \83\ 20 CFR Appendix A to Subpart H to Part 655 (1995).
    ---------------------------------------------------------------------------
        In summary, the newly promulgated regulations are somewhat
    successful in dealing with abusive employers and with the
    problems that the job contractor phenomenon and the existence
    of firms with multiple worksites pose to the H-1B enforcement
    scheme. However, they do so at a cost which may be too high for
    the legitimate employer hiring a relatively small number of H-
    1B aliens. Further, they do not address the specter of
    employers laying off American workers and replacing them with
    lower-cost H-1Bs or treat the heavy user of H-1Bs any more
    severely than they do the employer who only uses the aliens to
    fill temporary skills gaps.

                                The H-1A Program

        The special pilot program created by the Immigration
    Nursing Relief Act of 1989 (``INRA'', Pub. L. 101-238) to
    permit foreign nurses to come to work temporarily in the United
    State expired on August 31, 1995. Prior to the creation of this
    special program, nurses had been admitted under what is now the
    H-1B temporary non-immigrant program. The Committee expects
    that eligible foreign non-immigrant nurses will again be
    admitted under the H-1B program.
        The valuable screening and competency requirements
    contained in the pilot program should be retained. The
    authentication of applications and supporting documents for
    foreign health care workers is of vital importance to
    consumers, and can serve as an important mechanism to reduce
    illegal immigration as well. For example, prior to the
    enactment of the Immigration Nursing Relief Act of 1989 (INRA),
    the Department of Health, Education, and Welfare reported that
    more than 80 percent of all foreign-licensed nurses were unable
    to pass the U.S. Registered Nurse examination of the first
    try.84 Foreign nurses who were unable to pass the exam
    were more likely to remain illegally in the U.S. Following the
    imposition of a requirement that applicants' credentials be
    authenticated, the number of foreign nurses who failed the U.S.
    nursing exam fell to 20 percent.85 Pursuant to the pilot
    program, the successful authentication process was conducted by
    a non-governmental body, the Commission on Graduates of Foreign
    Nursing Schools, and funded by a fee paid by the applicant and
    at no cost to the U.S. government. Additionally, the
    Commission's work saved valuable governmental resources by also
    substantially reducing the burden on consular officers to
    authenticate credentials.
        \84\ Survey of Foreign Nurse Graduates, DHEW Publication No. HRA
    76-13 (1976).
        \85\ Barbara S. Jacobsen and Theresa M. Kowalski, ``Validity Study:
    CGFNS Qualifying Examinations as Predictors of Success on United States
    Registered Nurse Licensing Examination,'' Commission on Graduates of
    Foreign Nursing Schools (1994).
    ---------------------------------------------------------------------------
        The Department of State has statutory authority under
    Section 222 of the INS (8 U.S. C. Section 1202) to require
    authentication of applications for both immigrant and non-
    immigrant visas. Again, because the protection of the public
    health and safety must be paramount, the Committee believes
    that the Department of State should revise its visa application
    procedures under Section 222 to require health care workers to
    authenticate their visa application and supporting documents in
    the same manner as under INRA. The health care workers covered
    by this requirement should include nurses, physical therapists,
    and occupational therapists, as well as both licensed and
    unlicensed health occupations in which the practitioner
    diagnoses, delivers care, or supports the delivery of care such
    that incompetent practitioners in those occupations might
    jeopardize public health.
        Similarly, the Committee expects, therefore, that the INS,
    in consultation with the DOL, will promulgate separate H-1B
    standards for nurses which will require that foreign nurses
    admitted non-immigrants under the H-1B category meet
    requirements identical to those now imposed on foreign nurses
    seeking admission as immigrants, including the successful
    completion of the examination recognized by the DOL in 20 CFR
    Sec. 656.10 (a)(2)(I).
        The Committee recommends that the Departments of State and
    Labor use an independent credentialing organization with
    sufficient experience and resources on health care-related
    foreign educational institutions, ministries of health and
    licensing jurisdictions. The organization should have a proven
    record of consistent and accurate credentialing. One such
    organization is the Commission on Graduates of Foreign Nursing
    Schools which has both the experience and resources to provide
    this service.

                      Previous Consideration and Hearings

        On February 8, 1995, the Subcommittee on Immigration and
    Claims held an oversight hearing on the Management Practices of
    the Immigration and Naturalization Service. Witnesses were
    Laurie Ekstrand, Associate Director, Administration of Justice
    Issues, General Government Division, accompanied by James
    Blume, Assistant Director, Administration of Justice Issues,
    General Government Division, General Accounting Office; and
    Chris Sale, Deputy Commissioner, Immigration and Naturalization
    Service.
        On February 24, 1995, the Subcommittee on Immigration and
    Claims held an oversight hearing on Foreign Visitors Who
    Violate the Terms of Their Visas by Remaining in the United
    States indefinitely. Witnesses were Honorable Barbara Jordan,
    Chair, accompanied by Robert Hill, Commissioner, and Susan
    Martin, Executive Director, Commission on Immigration Reform;
    Diane Dillard, Deputy Assistant Secretary for Consular Affairs,
    Department of State; James Puleo, Executive Associate
    Commissioner, Programs, Immigration and Naturalization Service;
    and Robert Warren, Director, Statistics Branch, Immigration and
    Naturalization Service.
        On March 3, 1995, the Subcommittee on Immigration and
    Claims held an oversight hearing on Work Site Enforcement of
    Employer Sanctions. Witnesses were James Puleo, Executive
    Associate Commissioner, Programs, U.S. Immigration and
    Naturalization Service, accompanied by Brian J. Vaillancourt,
    Director Civil Matters, Investigations Division, U.S.
    Immigration and Naturalization Service; Maria Echeveste,
    Administrator, Wage and Hour Division, U.S. Department of
    Labor; Shirley S. Chater, Commissioner, Social Security
    Administration, U.S. Department of Health and Human Services;
    Robert Rasor, Special Agent, Secret Service, U.S. Department of
    the Treasury; Robert Charles Hill, Member, U.S. Commission on
    Immigration Reform, accompanied by Susan Forbes Martin,
    Executive Director, U.S. Commission on Immigration Reform; Wade
    Avondoglio, Owner, Perona Farms Restaurant, Member, National
    Restaurant Association; Richard Holcomb, Commissioner, Virginia
    Department of Motor Vehicles; W. Marshall Rickert, Motor
    Vehicle Administrator, Maryland Motor Vehicle Administration;
    A. Torrey McLean, State Registrar, North Carolina Department of
    Vital Records.
        On March 10, 1995, the Subcommittee on Immigration and
    Claims held an oversight hearing on Border Security. The
    Members of Congress testifying were Honorable Duncan Hunter,
    Honorable Brian Bilbray, and Honorable Ronald Coleman. Other
    witnesses were Mary Ryan, Assistant Secretary of State for
    Consular Affairs, Department of State, accompanied by Frank
    Moss, Special Assistant for Border Security, Bureau for
    Consular Affairs; Honorable Doris Meissner, Commissioner,
    Immigration and Naturalization Service, accompanied by
    Silvestre Reyes, Sector Chief, U.S. Border Patrol, El Paso
    Sector, and Gus de la Vina, Regional Director, Western Region,
    Immigration and Naturalization Service; Laurie Ekstrand,
    Associate Director, Administration of Justice Issues, General
    Government Division, General Accounting Office; Brigadier
    General Edmund Zysk, Deputy Commander, California National
    Guard, accompanied by Lieutenant Colonel Bill Hipsley, Training
    Officer, California National Guard.
        On March 23, 1995, the Subcommittee on Immigration and
    Claims held an oversight hearing on Removal of Criminal and
    Illegal Aliens. Witnesses were T. Alexander Aleinikoff, General
    Counsel, Immigration and Naturalization Service, accompanied by
    James Puleo, Executive Associate Commissioner, Programs, and
    Joan Higgins, Assistant Commissioner, Detention and
    Deportation; Anthony C. Moscato, Director, Executive Office for
    Immigration Review, accompanied by Paul Schmidt, Chairman,
    Board of Immigration Appeals, and Michael J. Creppy, Chief
    Immigration Judge.
        On March 30, 1995 the Subcommittee on Immigration and
    Claims held an oversight hearing on Verification of Eligibility
    for Employment and Benefits. Witnesses were Honorable Barbara
    Jordan, Chair, Commission on Immigration Reform, accompanied by
    Susan Martin, Ph.D., Executive Director; Robert L. Bach, Ph.D.,
    Executive Associate Commissioner, Policy and Planning, U.S.
    Immigration and Naturalization Service, accompanied by John E.
    Nahan, Director, Systematic Alien Verification for Entitlements
    (SAVE) Program; William Ludwig, Administrator, Food and
    Consumer Service, U.S. Department of Agriculture; Wendell E.
    Primus, Deputy Assistant Secretary for Human Services Policy,
    U.S. Department of Health and Human Services, accompanied by
    Sandy Crank, Associate Commissioner, Social Security
    Administration, and Mack Storrs, Division Director for AFDC
    Policy; Nelson Diaz, General Counsel, U.S. Department of
    Housing and Urban Development; Richard W. Velde, Esq.; Austin
    T. Fragomen, Jr., Chairman, American Council on International
    Personnel; Joseph A. Antolin, Deputy Director of Field
    Operations, Illinois Department of Public Aid; Esperita
    Johnson-Bullard, Eligibility Supervisor, Division of Social
    Services, Department of Human Services, City of Alexandria,
    Virginia.
        On April 5, 1995, the Subcommittee in Immigration and
    Claims held an oversight hearing on the Impact of Illegal
    Immigration on Public Benefit Programs and the American Labor
    Force. Witnesses were Michael Fix, Esq., The Urban Institute,
    accompanied by Jeffrey Passel; Dr. Donald Huddle, Rice
    University; Dr. Georges Vernez, RAND; Dr. George Borjas,
    University of California at San Diego; Dr. Joseph Altonji,
    Northwestern University; Dr. B. Lindsay Lowell; Dr. Vernon
    Briggs, Jr., Cornell University; Dr. Frank Morris, Morgan State
    University; Dr. Norman Matloff, University of California at
    Davis; Dr. Peter Skerry, Woodrow Wilson International Center
    for Scholars.
        On May 17, 1995, the Subcommittee on Immigration and Claims
    held an oversight hearing on Legal Immigration Reform
    Proposals. Witnesses were Susan Martin, Ph.D., Executive
    Director, Commission on Immigration Reform; Peter Brimelow,
    Author, ``Alien Nation''; Peter Skerry, Wilson Center, Philip
    Martin, Professor of Agricultural Economics, University of
    California at Davis; Harris Miller, President, Information
    Technology Association of America; Markley Roberts, Assistant
    Director, Economic Research Department, AFL-CIO; Demetrios
    Papademetriou, Carnegie Endowment for International Peace; Mark
    Krikorian, Executive Director, Center for Immigration Studies;
    Professor John Guendelsberger, Pettit College of Law, Ohio
    Northern University; Michael Lempres, Esq., Akin, Gump,
    Strauss, Hauer, & Feld.
        On April 24, 1995, the Subcommittee on Immigration and
    Claims held a Members' Forum on Immigration. The following
    Members testified. Hon. Ronald Packard; Hon. Zoe Lofgren; Hon.
    Brian Bilbray; Hon. Dana Rohrabacher; Hon. William Martini;
    Hon. Mark Foley; Hon. Porter Goss; Hon. Jay Kim; Hon. Owen
    Pickett; Hon. Robert Underwood; Hon. Susan Molinari; Hon. Patsy
    Mink; Hon. Anthony Beilenson; Hon. Andrea Seastrand; Hon.
    Esteban Edward Torres; Hon. Bob Filner; Hon. Tim Hutchinson;
    Hon. Ronald Coleman.
        On June 28, 1995, the Subcommittee on Immigration and
    Claims held a joint hearing with the Senate Subcommittee on
    Immigration to receive testimony from the Commission on
    Immigration Reform regarding the Commission's interim
    recommendations on legal immigration reform. Testifying was the
    Honorable Barbara Jordan, Chair, accompanied by Michael
    Teitelbaum, Vice Chair; Bruce Morrison, Commissioner; Robert
    Charles Hill, Commissioner; and Susan Martin, Executive
    Director.
        On June 29, 1995, the Subcommittee on Immigration and
    Claims held a hearing on H.R. 1915, the Immigration in the
    National Interest Act of 1995. Witnesses were T. Alexander
    Aleinikoff, Executive Associate Commissioner for Programs,
    Immigration and Naturalization Service; Anthony C. Moscato,
    Director, Executive Office for Immigration Review; Diane
    Dillard, Acting Assistant Secretary for Consular Affairs,
    Department of State; John R. Fraser, Deputy Administrator, Wage
    and Hour Division, Department of Labor; Dr. Lawrence H.
    Thompson, Principal Deputy Commissioner, Social Security
    Administration; Robert Rector, Senior Policy Analyst, The
    Heritage Foundation; Dr. Vernon Briggs, Jr., School of
    Industrial Relations, Cornell University; Austin T. Fragomen,
    Jr., Chairman, American Council on International Personnel;
    Daryl R. Buffenstein, President, American Immigration Lawyers
    Association; David Simcox, Research Director, Negative
    Population Growth; Dr. Frank Morris, Dean, Morgan State
    University; Carl Hampe, Esq., Paul, Weiss, Rifkind, Wharton &
    Garrison; John Swenson, Executive Director, Migration and
    Refugee Services, U.S. Catholic Conference; Raul Yzaguirre,
    President, National Council of La Raza; Dr. Michael Teitelbaum,
    Program Officer, Alfred P. Sloan Foundation; David North,
    Independent Immigration Researcher; Bill Frelick, Senior Policy
    Analyst, U.S. Committee for Refugees; Karen K. Narasaki,
    Executive Director, National Asian Pacific American Legal
    Consortium; Dan Stein, Executive Director, The Federation for
    American Immigration Reform.

                            Provisions of H.R. 2202

        The goal of H.R. 2202 is to curb illegal immigration and
    reform legal immigration in the national interest. H.R. 2202
    mandates specific enforcement measures against illegal
    immigration, including the hiring of new Border Patrol agents
    as well as interior enforcement personnel, authorizes the
    acquisition of additional resources for immigration enforcement
    and control, and overhauls procedures to allow the prompt
    identification, apprehension, and removal of illegal aliens
    from the United States. On the legal immigration front, H.R.
    2202 reorients current admission priorities to directly advance
    U.S. interests in the preservation of the nuclear family, the
    admission of highly-skilled individuals, the protection of U.S.
    workers from unfair competition, and the safety of refugees.

                            Title I--Border Control

        Immigration control is a fundamental aspect of national
    sovereignty, and protection of that sovereignty begins with
    securing its borders. Title I of H.R. 2202 authorizes the
    addition of 1,000 border patrol agents each year through FY
    2000, the hiring of support personnel for border enforcement,
    and the procurement of advanced technologies to prevent illegal
    border crossings.
        Section 101 increases the number of Border Patrol agents by
    1000 per year from 1996 through 2000, raises by 800 the number
    of support personnel for border enforcement, and requires that
    new personnel be deployed in sectors along the border in
    proportion to the level of illegal immigration through those
    sectors. Section 130006 of the Violent Crime Control and Law
    Enforcement Act of 1994 (Pub. L. 103-322, Sept. 13, 1994),
    authorized the appropriation of increased resources for INS
    enforcement efforts, and specified that funds be allocated to
    increase the Border Patrol by 1,000 agents per year from FY
    1995 through FY 1998. This section requires that such agents be
    hired and that the 1,000 per year increase continue through FY
    2000. In addition, by requiring deployment on the border, this
    section states a clear policy that Border Patrol resources
    should be used primarily at the border to deter illegal
    crossings and to apprehend those illegal aliens who do cross at
    the earliest possible juncture. This does not mean, however,
    that efforts at interior enforcement should be reduced. Section
    358, in fact, authorizes the expenditure of $150 million to
    hire new personnel for interior enforcement, including
    investigators and detention and deportation officers.
        Section 102 requires the Attorney General to install
    additional fences and roads to deter illegal immigration. In
    the San Diego sector, it calls for extension of the new fencing
    to a point 14 miles east of the Pacific Ocean, and the
    construction of second and third fences, with roads between the
    fences, to provide an additional deterrent. This adopts the
    recommendations of the Sandia Laboratories in New Mexico, in a
    January 1993 report, that a series of fences, with interspersed
    roads, be constructed in areas with the highest concentration
    of illegal immigration.
        This section also provides for a limited waiver of the
    Endangered Species Act. This is necessary because the Committee
    has learned that roads and fences have not been built in
    certain areas along the border because of concern that animal
    habitats might be affected. Without these roads and fences,
    Border Patrol agents are unable to properly patrol these areas.
    Furthermore, the national interest requires that the Border
    Patrol be able to deter entry at any feasible point of entry
    along the land border. The International Boundary and Water
    Commission already provides guidance to the INS and other
    agencies regarding the construction of barriers, and potential
    environmental impacts may be discussed and resolved in that
    context.
        Section 102 also requires the forward deployment of Border
    Patrol agents to provide a visible deterrent to illegal
    immigration. The Committee is concerned that notwithstanding
    the success of Operation Hold-the-Line in El Paso, the INS has
    been reluctant to adopt similar forward deployment of agents in
    other border sectors. At the same time, the Committee
    recognizes that forward deployment may work better in certain
    sectors than in others due to factors such as topography and
    established migration patterns. Accordingly, section 102(d)
    requires the Attorney General to report to Congress on the
    success of forward deployment. This report will enable Congress
    to better exercise its oversight authority in this critical
    area of immigration enforcement and make appropriate
    adjustments in policy and available resources.
        Section 104 requires improvement in the Border Crossing
    Identification Card. Amendments adopted by the Committee at the
    request of the INS will give the INS a longer time period to
    implement these new improvements. However, the Committee
    intends that the INS move as rapidly as possible to: (1) ensure
    that all newly-issued border crossing cards include additional
    security features; (2) replace existing cards with new secure
    cards; and (3) require verification of the identity of the
    holder of the border crossing card each time it is used to seek
    admission into the U.S. Although not specifically addressed in
    this legislation, the Committee also believes that it would be
    appropriate to impose a fee for the new secure card. The
    Committee understands that pursuant to an existing exchange of
    letters between the United States and Mexico, no fee may be
    charged for issuance of the border crossing card. Issuance of a
    more secure border crossing card is in the interests of both
    nations, since it will deter illegal migration and facilitate
    legitimate border traffic. The cost per card should be modest,
    but it is most appropriately borne by those who benefit from
    use of the card. The Attorney General and the Secretary of
    State should cooperate in discussions with the Government of
    Mexico to remove any existing restrictions on the collection of
    a fee for the border crossing card.
        A number of provisions address the problem of the
    ``revolving door'' at the southern land border. Apprehended
    illegal aliens who agree to voluntarily return to Mexico in
    lieu of being placed in removal proceedings often make repeated
    attempts to cross the border, with no consequences attached.
    While prompt removal of illegal aliens should be the goal of
    immigration enforcement, the ability to cross into the United
    States over and over with no consequences undermines the
    credibility of our efforts to secure the border.
        Section 105 sets a civil penalty for attempted illegal
    entry into the U.S. Under this provision, illegal aliens would
    be liable for a significant fine each time they attempt to
    cross. This provision is not intended to require that indigent
    aliens be detained in the United States until they are able to
    obtain sufficient funds to pay the fine. Prosecutorial
    discretion should be exercised in favor of rapid removal of
    illegal aliens from the United States. However, the civil
    penalty is intended to act as a deterrent to those who are
    otherwise determined to make repeated attempts to cross
    illegally into the United States.
        Section 106 authorizes the appropriation of funds necessary
    to detain and prosecute any alien who has attempted illegal
    entry into the U.S. on more than two occasions.
        Section 111 requires establishment of a pilot program to
    repatriate illegal aliens to the interior of their home
    countries. Release of aliens at the border, from where they can
    easily and immediately attempt re-entry, is particularly
    inappropriate in the case of aliens who have been ordered
    deported after proceedings before an immigration judge, and
    especially in the case of aliens involved in criminal activity.
    Releasing such deported aliens to a situation where they can
    immediately attempt re-entry undermines immigration
    enforcement, weakens border security, and increases the risk of
    crime.
        The Committee believes that the INS, in cooperation with
    other law enforcement agencies, should implement a number of
    approaches to make deportation more effective by reducing the
    likelihood that aliens physically removed from the United
    States will attempt re-entry. Primary effort should be given to
    programs for repatriating illegal aliens to the interior of the
    countries to which they are deported, thus making it more
    difficult for them to attempt illegal reentry. Repatriation to
    third countries, where the alien is removed to a country other
    than that from which the alien has arrived directly to the
    United States, also should be considered. For example, if a
    national of a third country crosses into the United States from
    Canada and is apprehended at the border, procedures should
    exist for removing that alien expeditiously to the alien's
    country of nationality. The Committee believes that the reforms
    of the removal process adopted in Title III of this bill would
    facilitate such efforts by the INS, and that pilot projects
    with a required report to Congress offer the best opportunity
    to identify sound approaches to this problem.
        Title I also addresses interior enforcement issues which
    relate directly to the problem of visa overstays and criminal
    aliens. Section 112 requires a pilot program to determine the
    feasibility of using closed military bases as INS detention
    centers. Lack of detention space is frequently cited as a
    reason why the INS is able to remove only a small fraction of
    deportable aliens. This problem is particularly acute when the
    INS is unable to detain criminal aliens. Use of converted
    military facilities may help bridge the gap between the need
    for detention space and available capacity. The INS already has
    planned to use one closed military facility as a site for
    training of new immigration officers and Border Patrol agents.
    Other uses of such facilities to aid in immigration enforcement
    should be pursued.
        Section 113 seeks to improve tracking of visa overstays by
    requiring pilot projects at 3 major international airports
    under which the INS would directly collect records of departure
    from every departing alien passenger. As previously discussed,
    the INS lacks the ability to accurately track whether aliens
    with permission to enter the United States temporarily leave
    within the time limit set for their departure. This makes it
    more difficult for the INS to assess the extent of the overstay
    problem, and more importantly, to determine if individual
    aliens are violating, or have violated, their nonimmigrant
    status. The United States should test the feasibility of a
    system of uniform departure controls for all aliens. Initial
    pilot projects should focus on airports with the highest volume
    of international travel. A pilot program should first be
    implemented in order to test the cost and effectiveness of a
    comprehensive departure control system before a decision is
    made to make such a program permanent. The pilot program,
    however, should be seen as a first step toward eventual
    implementation of a system that will enable INS to readily
    identify all aliens who violate their nonimmigrant status by
    overstaying.
        Section 121 authorizes the appropriation of funds to
    increase the number of investigators and other enforcement
    personnel deployed in the interior of the United States.

     Title II--Enhanced Enforcement and Penalties Against Alien Smuggling
                               and Document Fraud

        Sections 201 through 205 permit the INS to seek wiretap
    authorization under 18 U.S.C. 2516(1) in investigations of
    alien smuggling and document fraud; make document fraud and
    alien smuggling crimes indictable as racketeering offenses
    under the Racketeer Influenced and Corrupt Organizations Act
    (RICO); increase criminal penalties for alien smuggling,
    particularly where the smuggling is done for financial gain,
    involves criminal aliens, or multiple illegal entries; increase
    the number of U.S. attorneys available for the prosecution of
    immigration crimes; and expand the undercover investigations
    authority of the INS.
        Section 211 through 216 increase civil and criminal
    penalties for document fraud, and establish new penalties for
    knowing preparation or presentation of fraudulent documents,
    and for making false claims to citizenship. Section 221 extends
    asset forfeiture authority under 18 U.S.C. 982(a) in the case
    of aliens convicted of passport or visa fraud, and section 222
    permits the issuance of subpoenas for bank records in
    investigating such crimes.

             Title III--Apprehension and Removal of Illegal Aliens

                    Subtitle A--Reform of Removal Procedures

        Subtitle A of Title III (sections 301 through 309)
    streamlines rules and procedures in the Immigration and
    Nationality Act to make it easier to deny admission to
    inadmissible aliens and easier to remove deportable aliens from
    the United States. (Due to complexity of these provisions,
    detailed analysis and comment of some provisions is reserved to
    the section-by-section analysis.)
        Section 301 provides that aliens who have entered the
    United States without being legally admitted are now classified
    as ``inadmissible'' and, if apprehended, bear the same burden
    of proof as an alien seeking to be admitted at a port of entry:
    to establish clearly and beyond doubt that they are entitled to
    be legally admitted. Aliens who have been legally admitted, but
    who overstay their visas or otherwise violate their immigration
    status (such as by committing crimes), must establish by clear
    and convincing evidence that they are lawfully present. Aliens
    who have been illegally present in the U.S. for an aggregate of
    12 months will, with certain exceptions, not be eligible for
    permanent residence or other immigration benefits for 10 years.
        Section 301(e) makes inadmissible to the United States any
    former U.S. citizen who officially renounces United States
    citizenship for the purpose of avoiding taxation by the United
    States. The Committee intends that this section shall apply
    solely to those individuals who officially renounce their U.S.
    citizenship after the date on which this section becomes
    effective.
        Section 302 provides that an arriving alien can be denied
    entry into the U.S. by an immigration officer because of
    misrepresentation, use of fraudulent documents, or lack of any
    documents. The alien may be ordered removed without a hearing
    before an immigration judge, and without administrative or
    judicial review. This provision is based upon legislation
    approved by the Subcommittee on International Law, Immigration,
    and Refugees during the 103rd Congress.
        This provision is necessary because thousands of aliens
    arrive in the U.S. at airports each year without valid
    documents and attempt to illegally enter the U.S. Unless such
    aliens claim to be U.S. nationals, or state a fear of
    persecution, there is no requirement under the Constitution or
    international treaty to do anything other than return them, as
    promptly as possible, to where they boarded the plane to come
    here. Neither international law nor the Due Process Clause of
    the Fifth Amendment require that such aliens be given a hearing
    before an immigration judge or a right to appeal.
        Section 302 also requires that an alien subject to
    expedited removal who claims persecution or otherwise indicates
    a desire to apply for asylum be interviewed by an asylum
    officer to determine if the alien has a ``credible fear'' of
    persecution. A ``credible fear'' is established if the alien is
    more likely than not telling the truth, and if there is a
    reasonable probability that the alien will meet the definition
    of refugee and otherwise qualify for asylum. This standard,
    therefore, is lower than the ``well-founded fear'' standard
    needed to ultimately be granted asylum in the U.S.--the
    arriving alien need only show a probability that he will meet
    the well-founded fear standard. The credible fear standard is
    designed to weed out non-meritorious cases so that only
    applicants with a likelihood of success will proceed to the
    regular asylum process. If the alien meets this threshold, the
    alien is permitted to remain in the U.S. to receive a full
    adjudication of the asylum claim--the same as any other alien
    in the U.S.
        Under this system, there should be no danger that an alien
    with a genuine asylum claim will be returned to persecution.
    The initial screening, which should take place in the form of a
    confidential interview, will focus on two questions: is the
    alien telling the truth; and does the alien have some
    characteristic that would qualify the alien as a refugee. As in
    other cases, the asylum officer should attempt to elicit all
    facts relevant to the applicant's claim. It is not unreasonable
    to expect the applicant to be truthful in such an interview.
    Nor is it unreasonable to expect that, in the case of a person
    genuinely fleeing persecution, that the interview will yield
    sufficient facts to determine that the alien has a reasonable
    likelihood of being successful in the full asylum process.
        Section 302 permits the interview itself to be carried out
    by a full-time INS asylum officer, or by an INS inspector or
    other official who has received the complete training provided
    to full-time asylum officers and has reasonable access to
    country condition reports and other resources that are used by
    asylum officers to assess the credibility and foundation of
    asylum claims.
        Section 304 provides that there will be a single,
    streamlined ``removal proceeding'' before an immigration judge
    for all inadmissible and deportable aliens. This will replace
    the current exclusion proceedings under section 236 of the INA,
    and deportation proceedings under section 242. The
    consolidation will end procedural disputes contesting the type
    of proceeding an alien should be subject to, disputes that
    often turn on the elusive question of whether an illegal alien
    has been apprehended immediately upon entry, or evaded
    government control for a period of time. Instead, the focus
    will be upon whether the alien has or has not been lawfully
    admitted to the U.S.
        Section 304 also will simplify procedures for initiating
    removal proceedings against an alien. There will be a single
    form of notice, stating the nature and legal authority for the
    proceedings, the charges against the alien, the fact that the
    alien may be represented by counsel at no expense to the
    government, and, importantly, the specific requirement that the
    alien immediately provide the Attorney General with an address
    and phone number at which the alien may be contacted, as well
    as any change in that address or phone number. The Committee is
    particularly concerned with two problems regarding lack of
    accurate information on alien's addresses. First, many aliens
    do not leave forwarding addresses, thus making delivery of
    notice impossible. Second, there often are protracted disputes
    concerning whether an alien has been provided proper notice of
    a proceeding. This impairs the ability of the government to
    secure in absentia deportation orders in cases where aliens
    fail to appear for their hearings; in many such cases, aliens
    will petition to reopen their hearings on the grounds that they
    never received proper notice.
        Section 304 addresses these problems with a number of new
    requirements. First, it requires the INS to establish a central
    address file to accurately record address information,
    including changes, provided by aliens. Second, it provides that
    service by mail of the required notice of hearing is sufficient
    if there is proof of delivery to the most recent address
    provided by the alien. Third, it authorizes the immigration
    judge to enter an in absentia order if the alien fails to
    appear provided that there is proof of attempted delivery at
    this address. Fourth, it allows an alien to rescind an in
    absentia order only in the case of specified exceptional
    circumstances or if the alien demonstrates that notice was not
    received notwithstanding the alien's compliance with the notice
    of address requirements.
        At the time of the service of notice of hearing, or at any
    time thereafter, an alien must be provided oral notice, in a
    language the alien understands, of the time and place of the
    proceedings, and the consequences of failing to appear for the
    hearing. An alien who has been provided such notice and who
    nevertheless fails to appear also shall be ineligible for
    various immigration benefits, including voluntary departure,
    cancellation of removal, adjustment of status, and registry,
    for a period of 10 years.
        The burden of proof shall be on the alien at the hearing
    either to establish by clear and convincing evidence that he or
    she is lawfully present pursuant to a prior lawful admission
    or, in the case of an alien who has never been lawfully
    admitted, to establish beyond a doubt that he or she is
    entitled to be admitted. If the alien establishes that he or
    she has been lawfully admitted, the burden of proof shifts to
    the INS to establish by clear and convincing evidence that the
    alien is deportable. Aliens are limited to a single motion to
    reconsider and a single motion to reopen removal proceedings.
        Section 304 also removes the requirement that the written
    notice of hearing be provided in Spanish as well as English.
    The increased administrative burdens on the INS imposed by this
    requirement are not justified, especially in light of the fact
    that many immigrants served such notices do not speak Spanish.
    Section 304 also authorizes an immigration judge to enter an
    order of removal stipulated to by the alien (or representative)
    and the INS.
        Section 304 also redefines the relief available to aliens
    in removal proceedings. New limitations are placed on the
    practice of ``voluntary departure,'' to ensure that aliens
    granted this form of relief actually and timely depart the
    United States. An alien who is removable may apply for
    cancellation of removal if he or she has been a lawful
    permanent resident for not less than 5 years and has not been
    sentenced for 5 years due to commission of an aggravated
    felony; if he or she is a battered spouse or child of a citizen
    or lawful permanent resident and has been physically present
    for 3 years; or if the alien has been physically present for
    and has been a person of good moral character for 7 years
    preceding the application. The time period for continuous
    physical presence terminates on the date a person is served a
    notice to appear for a removal proceeding or if the alien is
    absent from the United States for an aggregate period in excess
    of 180 days. There is an annual cap of 4,000 on cancellations
    of removal, to be effective immediately, and to include the
    cases of persons who are eligible for suspension of deportation
    because they were served a notice of hearing prior to the
    enactment of this bill.
        Section 305 seeks to ensure that aliens with a final order
    of removal under the streamlined procedures established in
    section 304 are removed from the U.S. within a target period of
    90 days from the entry of such order and, during that time, are
    either detained or released on conditions that ensure they will
    appear for removal.
        These mandates represent a significant departure from
    current law and practice, which often permit aliens who have
    final orders of deportation to remain in the U.S. indefinitely.
    Numerous factors are cited for this failure to deport:
    insufficient detention space, lack of resources to apprehend
    aliens for deportation, and archaic procedures which provide
    advance notice to aliens of when they must report for
    deportation--a practice charitably characterized as a ``run
    letter.'' H.R. 2202 specifically addresses all of these
    factors, by increasing detention space (including the use of
    closed military facilities on a pilot basis), increasing the
    number of interior enforcement personnel, including
    specifically detention and deportation officers, and, in this
    section, establishing procedures that will ensure that an order
    of removal is no longer a dead letter, but results in an actual
    physical removal of the alien.
        Yet, perhaps the most critical factor in lax enforcement of
    deportation orders is what happens--or, more precisely, does
    not happen--when an immigration judge enters an order of
    deportation. Unless the alien is currently under detention
    (which is the exception, not the rule), the alien walks out of
    court scot-free: the immigration judge imposes no bond
    requirement, establishes no firm date for departure, and
    obtains no assurance that the alien will be prepared to depart
    when the INS is ready to remove him. With such lax procedures,
    it should come as no surprise that a high percentage of aliens
    abscond. As a result, the resources expended to identify,
    apprehend, and provide a hearing to a deportable alien are all
    too often wasted.
        Under section 305, an alien must be detained during the 90-
    day ``removal period,'' which commences when an order of
    deportation is final. Since most aliens ordered deported do not
    file appeals, this detention can ordinarily begin when the
    order is entered. (Such detention, of course, would not prevent
    the alien from filing an appeal, in which case the alien could
    be released on bond.) If detention space is not available, the
    alien may be released on bond and under conditions prescribed
    by the Attorney General in order to ensure that the alien
    appears for deportation. The Committee strongly recommends that
    the INS and immigration judges be charged with the requirement
    to impose conditions that will ensure the alien is available
    for deportation when all proceedings are complete and travel
    documents have been obtained. An alien under an order of
    deportation, moreover, may not be granted work authorization
    unless the alien cannot be removed because there is no country
    willing to accept the alien or if the Attorney General
    determines that deportation is contrary to the public interest.
        The objective of section 305 is that the entry of an order
    of removal be accompanied by specific requirements to ensure
    that the alien will depart the U.S. No set of reforms in this
    legislation is more important to establishing credibility in
    enforcement against illegal immigration.
        Section 306 preserves the right to appeal from a final
    administrative order of removal (first issued by an immigration
    judge, then reviewed by the Board of Immigration Appeals) to
    one of the Federal circuit courts of appeals. The bill limits
    rights in cases where the alien's right to relief is limited by
    statute: arriving aliens who clearly have no right to enter the
    U.S.; illegal aliens who also have committed aggravated
    felonies; and aliens who have failed to appear for their
    immigration hearings. Judicial review in such cases is limited
    to whether the alien has been correctly identified as being
    subject to expedited procedures for removal, and whether the
    appropriate procedures have been followed.
        Section 306 also limits the authority of Federal courts
    other than the Supreme Court to enjoin the operation of the new
    removal procedures established in this legislation. These
    limitations do not preclude challenges to the new procedures,
    but the procedures will remain in force while such lawsuits are
    pending. In addition, courts may issue injunctive relief
    pertaining to the case of an individual alien, and thus protect
    against any immediate violation of rights. However, single
    district courts or courts of appeal do not have authority to
    enjoin procedures established by Congress to reform the process
    of removing illegal aliens from the U.S.
        Section 307 provides that aliens who are ordered removed or
    granted voluntary departure and do not depart the U.S. on time
    are subject to civil penalties and excludes them from most
    immigration benefits. Members of terrorist organizations are
    deemed inadmissible to the U.S., and alien terrorists are
    ineligible for asylum or withholding of deportation. Arriving
    aliens who are inadmissible on terrorist grounds are subjected
    to an expedited removal procedure under the jurisdiction of the
    Attorney General.

          Subtitle B--Removal and Inadmissibility of Alien Terrorists

        Subtitle B of Title III (sections 321 through 332) provides
    that in cases where the use of normal removal proceedings would
    risk national security, the deportation charges against
    suspected alien terrorists may be adjudicated in special
    procedures conducted before one of five Federal district court
    judges specially appointed to serve in such cases by the Chief
    Justice of the Supreme Court. The special hearings will be open
    to the public but conducted to ensure the confidentiality of
    classified national security information. Aliens have the right
    to court-appointed attorneys, to confront adverse evidence, and
    to present evidence. The judges may consider classified
    evidence in camera, and provide a summary of such evidence to
    the alien, unless providing the summary would cause harm to the
    national security or to any person. Aliens may be detained in
    most cases throughout the proceeding and expeditiously removed
    after entry of an order of removal.
        These special procedures are intended to address the rare
    circumstance when the government is not able to establish the
    deportability of an alien under section 241(a)(4)(D) of the INA
    without recourse to evidence the disclosure of which would pose
    a risk to the national security of the United States. They are
    exclusively to be used in cases where the alien is deportable
    under section 241(a)(4)(D). The Committee expects that these
    procedures will be used infrequently, and requests that the
    government will exercise utmost discretion in seeking to
    initiate proceedings under Subtitle B. Moreover, with the
    enactment of the provisions of Title I and Title II directed at
    securing the nation's borders and preventing immigration-
    related crimes, and the remaining provisions of Title III which
    streamline the administrative removal process, the numbers of
    cases in which these special deportation procedures must be
    used hopefully will be further diminished.
        These special procedures are designed to protect the
    ``fundamental requirement of due process[:] . . . the
    opportunity to be heard `at a meaningful time and in a
    meaningful manner.' '' 86 The Supreme Court has
    acknowledged that `` `due process is flexible and calls for
    such procedural protections as the particular situation
    demands.' '' 87 The Court's decisions indicate that three
    factors must be weighed in determining if the procedures to
    which one is subjected meets the constitutional threshold.
        \86\ Mathews v. Eldridge, 424 U.S. 319, 333 (1976) (citing
    Armstrong v. Manzo, 380 U.S. 545, 552 (1965); Grannis v. Ordean, 234
    U.S. 385, 394 (1914)).
        \87\ Mathews, 424 U.S. at 334 (quoting Morrissey v. Brewer, 408
    U.S. 471, 481 (1972)).

              [T]he private interest that will be affected by the
            official action; second, the risk of an erroneous
            deprivation of such interest through the procedures
            used, and the probable value, if any, of additional or
            substitute procedural safeguards; and finally, the
            government's interest, including the function involved
            and the * * * burdens that the additional or substitute
            procedural requirement would entail.88
        \88\ Mathews, 424 U.S. at 335, 347.

        These factors have been taken into full account in drafting
    section 321.
        First, section 321 recognizes that an alien present in the
    U.S. has a constitutional liberty interest to remain in the
    U.S., and that this liberty interest is most significant in the
    case of a lawful permanent resident alien.

              [I]t is clear that, in defining an alien's right to
            due process, the Supreme Court is concerned with
            whether he is a permanent resident. * * * A permanent
            resident alien [has] a stake in the United States
            substantial enough to command a higher level of
            protection under the due process clause before he may
            be deported. The result of such an action after all,
            may be to separate him from family, friends, property,
            and career, and to remit him to starting a new life in
            a new land. * * * [E]ven a manifest national security
            interest of the United States cannot support an
            argument that [a permanent resident alien] is not
            entitled, as a threshold matter, to protection under
            the due process clause. Once across that threshold, the
            calculus of just how much process is due involves a
            consideration of the Government's interests in
            dispensing with procedural safeguards.89
        \89\ Rafeedie v. INS, 880 F.2d 506, 522 (D.C. Cir. 1989). See also
    Landon v. Plasencia, 459 U.S. 21, 32 (1982) (``[O]nce an alien gains
    admission to our country and begins to develop the ties that go with
    permanent residence, his constitutional status changes accordingly.'');
    Mathews, 424 U.S. at 333.

        No alien, in particular a permanent resident alien, would
    be subject to deportation without an opportunity to contest
    that deportation. Even in the case where confidential
    information may be used without disclosure to the alien,
    section 321 provides protections adequate under the due process
    clause of the Fifth and Fourteenth Amendment, by permitting, in
    the case of a lawful permanent resident, a special attorney
    representing the alien to review and contest the information.
        Second, the risk of an erroneous deprivation of the liberty
    interest is remote. The government's burden of proof, as in
    regular deportation proceedings, is to establish by clear and
    convincing evidence that the alien is deportable. This
    determination, moreover, is to be made in the first instance by
    a judge serving pursuant to Article III of the Constitution,
    which enhances the due process provided to an alien terrorist
    above that provided in regular deportation proceedings, in
    which the presiding immigration judge is an employee of the
    Department of Justice. Furthermore, the alien is entitled to be
    represented by counsel at government expense, a privilege that
    is not extended to aliens under Title II of the INA, which
    stipulates that the alien's representation is to be at no
    expense to the government. Finally, the determination is
    subject to appellate review. As discussed in greater detail
    below, the risk of error arising from in camera and ex parte
    consideration of classified evidence is minimized through the
    procedural safeguards limiting reliance on such evidence
    without any disclosure to the alien.
        Third, there can be no gainsaying the compelling nature of
    the government's interest in the prompt removal of alien
    terrorists from U.S. soil, or in protecting the ability of the
    government to collect and rely upon confidential information
    regarding alien terrorists who may be present in the U.S.
    Piercing this provision's limited veil of secrecy over
    classified evidence will clearly make it more difficult to
    gather evidence against suspected terrorists and to convince
    international sources that such information will be secure in
    the hands of our government, and ultimately lead to alien
    terrorists being able to remain in the U.S. to harm our
    citizens and lawful residents, while the Government waits,
    hoping that another ground for deportation is made available.
        The most salient distinction between the procedures
    constructed in section 321 and those normally available under
    Title II of the INA is the provision for use of classified
    information. All of the procedures and procedural protections
    in section 321 flow from this fundamental policy decision: that
    reliable and relevant classified information should be
    available to be used to establish the deportability of an alien
    terrorist. This policy in itself causes no constitutional
    difficulty, and the protections against abuse of that policy by
    the government are more than adequate to protect the
    constitutional interests at stake.
        The Supreme Court and lower federal courts have upheld the
    authority of the INS to use classified information in the cases
    of aliens who seek discretionary relief from deportation,
    without disclosing such information to the applicant.90
    Thus, the use of nondisclosed classified information to inform
    a court's decision whether or not to order deportation has
    precedent and is not unconstitutional on its face.
        \90\ Jay v. Boyd, 351 U.S. 345, 358-60 (1956); Suciu v. INS, 755
    F.2d 127, 128 (8th Cir. 1985)(per curiam). See also Naji v. Nelson, 113
    F.R.D. 548, 551-552 (N.D. Ill. 1986).
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        Furthermore, the clear intent of section 321 is that all
    information used to support the charge of deportability will be
    disclosed to the applicant. This intent is most clearly seen by
    considering the substantive and procedural hurdles the
    government must satisfy before confidential information may be
    considered in camera as part of the record. First, in order to
    even convene a special deportation proceeding, the government
    must present a petition personally approved by the Attorney
    General or the Deputy Attorney General to one of the federal
    district court judges serving on the special deportation court.
    Placing these proceedings before an Article III judge provides
    such aliens an enhanced measure of due process that is not
    accorded to other deportable aliens, whose cases are heard by
    administrative judges under the direction of the Attorney
    General.
        Second, the proceeding cannot commence unless the judge
    finds probable cause to believe that the alien has been
    correctly identified, is a terrorist, and that the use of
    normal deportation procedures under Title II of the INA would
    pose a risk to national security.
        Third, the Department of Justice has the burden to prove by
    clear and convincing evidence that the alien is deportable.
    Classified information may be presented in camera and ex parte.
    However, a summary of such evidence sufficient to inform the
    alien of the nature of the evidence and to permit the alien to
    prepare a defense must be approved by the judge and provided to
    the alien. If the judge does not believe the summary to be
    adequate, and the government cannot correct the deficiencies,
    the proceedings will be terminated.
        Fourth, the only circumstance in which the consideration of
    classified information in camera can proceed without providing
    a summary to the alien is if the judge finds that the continued
    presence of the alien in the U.S., or the provision of the
    summary, would cause serious and irreparable harm to the
    national security or death or serious bodily injury to any
    person. This is, intentionally, a strict standard, designed to
    emphasize the clear policy of this legislation that the alien
    have appropriate notice of the evidence against him and an
    opportunity to prepare and present a defense.
        Fifth, as an additional protection, section 321 provides,
    in the case of an alien lawfully admitted for permanent
    residence, that confidential information may be disclosed to a
    special attorney appointed for this purpose by the judge. The
    attorney may not disclose such information to the alien or any
    other party under pain of fine and imprisonment, but may
    present all relevant arguments against the admissibility,
    relevance, credibility, or probative value of the evidence.
        As noted previously, the Constitution does not forbid the
    use of classified information in rendering decisions on the
    right of an alien to remain in the United States. The
    procedures established in section 321 permit use of classified
    information in deportation proceedings, while protecting to the
    maximum extent possible consistent with the classified nature
    of such information the ability of the alien to examine,
    confront, and cross-examine such evidence. Any further
    protection of the alien's rights in this regard would
    eviscerate the ability of the government to rely upon such
    information and protect its classified nature, an objective
    that is grounded on national interests of the most compelling
    nature.
        Subtitle B also makes representatives and members of
    organizations designated by the Secretary of State as terrorist
    organizations inadmissible to the U.S. and ineligible for
    asylum, withholding of deportation, suspension of deportation
    (cancellation of removal), voluntary departure, and registry.
        The objective of preventing terrorist aliens from entering
    the U.S. is equally important to the national interest as the
    removal of alien terrorists. On this question, the demands of
    due process are negligible, and Congress is free to set
    criteria for admission and screening procedures that it deems
    to be in the national interest. ``Aliens seeking admission to
    the United States cannot demand that their application for
    entry be determined in a particular manner or by use of a
    particular type of proceeding. For those aliens, the procedure
    fixed by Congress is deemed to be due process of law.'' 91
    The Supreme Court observed in Knauff v. Shaughnessy ``that an
    initial entrant has no liberty (or any other) interest in
    entering the United States, and thus has no constitutional
    right to any process in that context; whatever Congress by
    statute provides is obviously sufficient, so far as the
    Constitution goes.'' 92 ``Our starting point, therefore,
    is that an applicant for initial entry has no constitutionally
    cognizable liberty interest in being permitted to enter the
    United States.'' 93
        \91\ Rafeedie v. INS, 880 F.2d 506, 513 (D.C. Cir. 1989) (citing
    Knauff v. Shaughnessy, 338 U.S. 537 (1950)) (emphasis in original).
        \92\ Rafeedie, 880 F.2d at 520.
        \93\ Id.
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        Under these provisions, an alien will be inadmissible if
    the alien is a representative of a terrorist organization or a
    member of an organization that the alien knew or should have
    known was a terrorist organization. This distinction is
    intended to ensure that aliens who are most active as
    directors, officers, commanders, or spokespersons for terrorist
    organizations are strictly barred from entering the U.S. An
    alien who is merely a member of a terrorist organization will
    be considered under a slightly less strict standard that
    incorporates a scienter requirement that the alien knew or
    should have known that the organization is terrorist in nature.
    Thus, an alien innocent of involvement with or knowledge of
    terrorist activity on the part of an organization of which he
    or she was merely a member would not necessarily be
    inadmissible to the U.S.
        An organization will be considered ``terrorist'' for
    purposes of these provisions only if it has been designated as
    such by the Secretary of State after consultation with the
    Attorney General, and after consultation with the Committees on
    the Judiciary of the House of Representatives and the Senate.
    Only foreign organizations and subsidiary foreign groups that
    have engaged in, or are engaging in, terrorist activity (as
    that term is currently defined in the INA) and whose acts pose
    a threat to the national security of the United States, can be
    so designated. The Secretary of State, in consultation with the
    Attorney General, may remove any such designation once made.
    The designation is subject to judicial review upon its being
    made public and, by law, may be removed by Congress.

                        Subtitles C and D--Miscellaneous

        The remainder of title III contains a number of
    miscellaneous provisions, including a definition of
    ``stowaway;'' a clarification of the definition of
    ``conviction'' for immigration law purposes; a definition of
    ``immigration judge'' together with a salary schedule for the
    position; the establishment of an ``Immigration Enforcement
    Account'' for the deposit of civil penalties; an authorization
    for use of retired Federal employees in the Institutional
    Hearing Program; the setting of conditions for prisoner
    transfer treaties with foreign states; amendments to the
    criminal alien identification system; and provisions to protect
    the confidentiality of battered women and children.

                 Title IV--Employer Sanctions and Verification

        H.R. 2202 recognizes that the solution to the problems in
    employer sanctions is twofold. First, the number of employment
    eligibility documents employers are required to review must be
    reduced. Currently, employees can submit one or more of 29
    different documents. Title IV reduces this to six: a passport
    or alien registration card or resident alien card, or a social
    security card in combination with a driver's license or state
    ID card.
        More importantly, there must be an authoritative check of
    the veracity of the documents provided by new employees. Such a
    verification mechanism will be instituted on a pilot basis,
    using existing databases of the SSA and the INS. Every person
    in America authorized to work receives a social security
    number. Aliens legally in this country (and many illegal
    aliens) have alien identification numbers issued by the INS. If
    a verification mechanism could compare the social security
    (and, for a noncitizen, alien number) provided by new employees
    against the existing databases, individuals presenting
    fictitious numbers and counterfeit documents, or who are not
    authorized to be employed, would be identified. A verification
    system could ``prevent use of never-issued numbers, numbers
    restricted to nonwork purposes, and numbers belonging to
    deceased people.'' 94
        \94\ Social Security Administration, Department of Health and Human
    Services, A Social Security Number Validation System: Feasibility,
    Costs, and Privacy Considerations 2 (1988) (hereinafter cited as Social
    Security Number Validation System).
    ---------------------------------------------------------------------------
        Title IV will institute pilot projects testing this
    verification mechanism in at least five of the seven states
    with the highest estimated populations of illegal aliens. All
    employers in such states having 4 or more employees will be
    involved. The pilots will terminate no later than October 1,
    1999. The mechanism cannot be expanded nationwide without
    authorization by Congress.
        The verification mechanism would work as follows: As under
    current law, once an applicant has accepted a job offer, he or
    she will present certain documents to the employer. The
    employer, within three days of the hire, must examine the
    document(s) to determine whether they reasonably appear on
    their face(s) to be genuine and complete an I-9 form attesting
    to this examination.
        The employer will also have three days from the date of
    hire (which can be before the date the new employee actually
    reports to work) to make an inquiry by phone or other
    electronic means to the confirmation office established to run
    the mechanism. Additional time will be provided in the event
    the confirmation office cannot respond to all inquiries. If the
    new hire claims to be a citizen, the employer will transmit his
    or her name and social security number. The confirmation office
    will compare the name and social security number provided
    against information contained in the Social Security
    Administration database. If the new hire claims to be a non-
    citizen, the employer will transmit his or her name, social
    security number and alien identification number. The alien
    number is needed despite the fact that all work authorized
    aliens have social security numbers because (1) in some
    instances a social security number will not have been issued by
    the time of the verification attempt and (2) the SSA database
    does not provide information on changes in work eligibility
    status occurring after the number is issued. The confirmation
    office will compare the name and social security number
    provided against information contained in the SSA database and
    will compare the name and alien number provided against
    information contained in the INS database.
        When the confirmation office ascertains that the new hire
    is eligible to work, the operator will within three days so
    inform the employer and provide a confirmation number. If the
    confirmation office cannot confirm the work eligibility of the
    new hire, it will within three days so inform the employer of a
    tentative nonconfirmation and provide a tentative
    nonconfirmation number. If the new hire wishes to contest this
    finding, ``secondary verification'' will be undertaken.
    Secondary verification is an expedited procedure set up to
    confirm the validity of information contained in the government
    databases and provided by the new hire. Under this process, the
    new hire will typically contact or visit the SSA and/or INS to
    see why the government records disagree with the information he
    or she has provided. If the new hire requests secondary
    verification, he or she cannot be fired on the basis of the
    tentative nonconfirmation. The employee has 10 days to
    reconcile the discrepancy. If the discrepancy is reconciled,
    then confirmation of work eligibility and a confirmation number
    is given to the employer by the end of this period. If the
    discrepancy is not reconciled or the employee does not attempt
    to reconcile the information, then final denial of confirmation
    and a final nonconfirmation number will be given by the end of
    this period; the employer must then dismiss the new hire as
    being ineligible to work in the United States.95
        \95\ The process under which discrepancies are investigated and
    either reconciled or not reconciled is called ``secondary
    verification.'' See notes 100-103 and accompanying text.
    ---------------------------------------------------------------------------
        Title IV provides protection to both employers and
    employees. Employers will be shielded from liability for
    actions they take in good faith reliance on information
    provided by the confirmation mechanism. Employees who would not
    have been dismissed from their jobs but for errors contained in
    the databases or made by the verification mechanism will be
    entitled to compensation through the Federal Tort Claims Act.
        Title IV's verification mechanism will most likely reduce
    any temptation to engage in employment discrimination based on
    considerations of national origin. Currently, employers might
    be tempted not to hire job applicants who look or sound
    ``foreign'' in order to protect themselves from being penalized
    for hiring illegal aliens. After the verification mechanism is
    implemented, employers will receive independent confirmation
    that their new hires are work-authorized. The temptation to
    worry--and to discriminate--will be greatly reduced. As to any
    burden secondary verification may place on employers, it must
    be remembered that verification can only take place after an
    employee is offered a job. Thus, if an employer were to revoke
    a job offer because secondary verification were required, the
    employee would immediately know that illegal verification-
    related discrimination had taken place and could file a
    complaint with the Justice Department's Office of Special
    Counsel.
        The verification mechanism also does not present civil
    liberties concerns. The system requires no new document, let
    alone anything approaching a ``national ID'' card. It requires
    no modification of existing identification documents. It
    requires no new federal government database and entails the
    collection by the federal government of no new data. It relies
    on information that the SSA and the INS have been recording for
    years. Employees' privacy is protected since the information
    contained in the existing government databases cannot be
    disseminated, under penalty of law to employers or anyone else.
    Employers will merely be told yes (information provided by an
    employee matches information contained in the databases and the
    person is eligible to work), or that secondary verification is
    required (the information indicates that the employee is not
    authorized to work or that there is a discrepancy) and later,
    whether secondary verification was or was not successful in
    confirming the identity and work eligibility of the employee.
        Verification mechanisms like that proposed by Title IV have
    in fact been tested in recent years. In the late 1980's, the
    Social Security Administration tested a system in which about
    1,500 volunteer employers received confirmation of work
    authorization of prospective employees and new hires by
    telephoning Social Security and transmitting social security
    numbers.96 Upon evaluation of the pilot, it was determined
    that ``given sufficient leadtime and resources, a [social
    security number] validation system using public telephone lines
    could be developed.'' 97 Since 1992, the INS has been
    testing a ``telephone verification system'' with first nine and
    now 223 volunteer employers who check the eligibility to work
    of new hires identifying themselves as aliens by contacting the
    system through telephones and ``point-of-sale'' devices and
    transmitting alien numbers.98
        \96\ See Social Security Number Validation System.
        \97\ Id. at 7.
        \98\ Office of Information Resources Management, Records Systems
    Division, SAVE Program Branch, Immigration and Naturalization Service,
    Telephone Verification System (TVS) Pilot: Report on the Demonstration
    Pilot-Phase 1 (1993) (hereinafter cited as Telephone Verification
    System).
    ---------------------------------------------------------------------------
        Employers who took part in the first phase of the INS'
    pilot program: (1) unanimously recommended that it be
    implemented as a permanent program; (2) unanimously indicated
    that they would be willing to pay for the service; (3)
    indicated in 100 percent of the monthly survey responses that
    overall procedures were beneficial; (4) indicated in 100
    percent of the monthly survey responses that primary
    verification was easy to use; (5) indicated in 99 percent of
    the monthly survey responses that primary verification was
    useful; and (6) indicated in 99 percent of the monthly survey
    responses that secondary verification response was
    satisfactory.99
        \99\ Id. at 9-10, 16.
    ---------------------------------------------------------------------------
        Questions have been raised about the accuracy of data in
    the SSA and INS databases, based on the apparently high rates
    of secondary verification required in both the SAVE program
    (Systematic Alien Verification for Entitlements) and the INS
    and Social Security pilot projects testing
    verification.100 The concern is misplaced. Secondary
    verification is ordered whenever an employee or benefits
    applicant provided information that does not match that in the
    database. It typically involves a review of the files by the
    applicable government agency and can take from a few days to a
    few weeks. Secondary verification does not necessarily mean
    database error; it is often the fault of the employee or the
    applicant for mistakenly providing erroneous information or
    deliberately providing fictitious information.101
        \100\ The SAVE program, established by section 121 of IRCA,
    requires state social service agencies to check alien eligibility for
    federal benefits through an INS database. See Verification of
    Eligibility for Employment and Benefits: Hearing Before the Subcomm. on
    Immigration and Claims of the House Comm. on the Judiciary, 104th
    Cong., 1st Sess. 36-37 (March 30, 1995) (Statement of Robert L. Bach,
    Executive Associate Commissioner, Policy and Planning, Immigration and
    Naturalization Service).
        In FY 1994, the SAVE system secondary verification rate was 17
    percent. See 1994 Commission Report at 74. The INS pilot project
    registered a 28 percent secondary verification rate from April to
    December 1993. See Telephone Verification System at 11. The Social
    Security Administration pilot project (conducted from January 1987 to
    October 1988) registered a 17 percent secondary verification rate. See
    Social Security Number Validation System at 6.
        \101\ For example, an inquiry to INS could require secondary
    verification for any of the following reasons: (1) the INS database
    correctly indicates the alien is not eligible to work; (2) the INS
    database has no information on the alien because the alien has provided
    a false alien number; (3) the alien gave the employer a different
    spelling of his name from that in the INS database; (4) the INS has
    been tardy in entering the immigrant's alien number into its database;
    or (5) the INS database is in error. As part of the pilot program, the
    INS must review and update its data in order to ``promote[] . . .
    maximum accuracy and shall provide a process for the prompt correction
    of erroneous information.'' Additionally, computer programs can be
    designed to allow for common alternative spellings of names.
    ---------------------------------------------------------------------------
        In cases where the alien has assumed a fictitious identity
    or is legally present but not authorized to work, secondary
    verification will reveal that the system worked properly in
    declining to provide employment eligibility confirmation. In
    cases where the alien is eligible to work but provided
    incorrect information or there was an error in the INS
    database, secondary verification should result in confirmation
    of employment eligibility. In the Social Security
    Administration pilot, only 12 percent of individuals initially
    denied confirmation bothered to contact the
    Administration,102 indicating the other 88 percent were
    probably not eligible to work to begin with. In the first phase
    of the INS pilot, secondary verification confirmed
    noneligibility to work 43 percent of the time.103
        \102\ See A Social Security Number Validation System at appendix C.
        \103\ Telephone Verification System at 12.
    ---------------------------------------------------------------------------
        The Principal Deputy Commissioner of the Social Security
    Administration testified before the Subcommittee on Immigration
    and Claims on June 29, 1995, that ``[o]ur information on name,
    social security number, and so forth, so far as we know is
    absolutely accurate.'' Asked whether he ``perceive[d] any
    problem being able to identify whether there's an individual
    with a particular social security number'', he responded in the
    negative.104 The Executive Associate Commissioner for
    Policy and Planning of the INS testified before the
    Subcommittee on March 30, 1995, that the INS is pursuing
    initiatives to ``reduce[] error and creat[e] a capacity for
    resolving any errors which might now exist. The goal of these
    improvements is to enable INS to provide timely and accurate
    responses to verification requests.'' 105
        \104\ H.R. 1915, the Immigration in the National Interest Act of
    1995: Hearing Before the Subcomm. on Immigration and Claims of the
    House Comm. on the Judiciary, 104th Cong., 1st Sess. (1995) (statement
    of Lawrence H. Thompson).
        \105\ Hearing: Verification of Eligibility for Employment and
    Benefits, supra note 100, at 36 (statement of Robert L. Bach).
    ---------------------------------------------------------------------------

                       Title V--Legal Immigration Reform

        Title V reforms the legal immigration system of the United
    States. Any alien who seeks to immigrate to the U.S. must be
    admitted under one of these four categories: (1) family-
    sponsored immigrants; employment-based immigrants; humanitarian
    immigrants; and diversity immigrants. (Due to the complexity of
    these provisions, detailed analysis and comment on some
    provisions is reserved to the section-by-section analysis.)
        Sections 501 through 504 establish worldwide levels for
    family-sponsored (330,000), employment-based (135,000),
    diversity (27,000) and humanitarian (70,000) immigrants.
    Section 505 specifies that these worldwide levels are effective
    only through FY 2005, by which time Congress must review and
    reauthorize new legal immigration levels. Furthermore, the
    review and reauthorization process is to take place every five
    years thereafter.
        Under sections 511 and 512, family-sponsored immigrants
    are: (1) spouses and unmarried children under 21 of U.S.
    citizens; (2) spouses and unmarried children under 21 of lawful
    permanent residents; (3) parents of U.S. citizens; and (4)
    dependent adult sons and daughters of U.S. citizens and lawful
    permanent residents, who are under age 26, never-married, and
    childless. Section 518 provides for the admission of disabled
    adult sons and daughters as ``children.'' Section 501 sets an
    approximate annual ceiling for family-sponsored immigrants at
    330,000, allocated as follows: for nuclear family of U.S.
    citizens, no annual limitation; for nuclear family of lawful
    permanent residents, 85,000; for parents of U.S. citizens,
    50,000; and for dependent adult sons and daughters, 10,000.
    Section 553 provides that the current backlog of spouses and
    children of permanent resident aliens is to be reduced by an
    average of 110,000 per year (based on current estimates of the
    backlog) over a five-year period.
        These provisions will give highest priority in the
    immigration system to unification of the nuclear family, and
    shift the emphasis from chain migration of extended families to
    preservation of the nuclear family, which should be a
    cornerstone of our immigration policy. The spouses and minor
    children of U.S. citizens will be admitted without any
    numerical limits. The spouses and children of lawful permanent
    residents will be the first family-preference category, and the
    special backlog reduction provisions in section 553 will ensure
    that the backlog in this category is eliminated. The category
    should then be sufficient to meet current demand.
        Section 512 also requires that the parents of citizens
    being sponsored as immigrants must have insurance to cover
    their health care costs and potential long-term care needs.
    This requirement is imposed because of substantial evidence
    that many immigrant parents come to the U.S. to take advantage
    of welfare benefits for which they have not contributed. The
    number of immigrants receiving Supplemental Security Income
    (SSI) has risen 580 percent during the past twelve years.
    Impoverished immigrant parents also become eligible for
    Medicaid, which provides health care virtually without cost. In
    many cases, sponsoring children abandon financial
    responsibility for their parents just so that they can be
    eligible for these benefits.
        Requiring the purchase of health insurance and long-term
    care insurance will ensure that the children who sponsor their
    parents do not incur obligations that they cannot meet, and
    protect American taxpayers from footing the bill for the health
    care costs of immigrants who have not contributed to the
    system.
        Under section 513, employment-based immigrants are: (1)
    aliens with extraordinary ability (visas not to exceed 15,000);
    (2) aliens who are outstanding professors and researchers, or
    who are multinational executives and managers (visas not to
    exceed 30,000, plus unused visas from category (1)); (3) aliens
    who are professionals with advanced degrees, and aliens of
    exceptional ability (30,000, plus unused visas from previous
    categories); (4) professionals and skilled immigrants, who are
    either professionals with a baccalaureate degree and experience
    or skilled workers with training and work experience (45,000
    visas, plus unused visas from previous categories); (5)
    investor immigrants (10,000 visas), who invest at least $1
    million in a U.S. company that employs at least 10 workers
    (with a pilot program through 1998 allowing for a $500,000
    investment and the hiring of 5 workers); and (6) special
    immigrants (5,000 visas). Section 502 sets the annual limit for
    employment-based immigrants at 135,000.
        Experience requirements are increased for immigrants in
    category (4): skilled workers are required to have 4 years
    experience, and professionals with baccalaureate degrees, 2
    years. (These new requirements refer to the background of the
    alien as of the time the immigrant petition is filed, and not
    to the requirements of the job, which must, as under current
    law, require at least 2 years of training or experience for a
    skilled worker and a baccalaureate degree for a professional
    position.) This experience (in the relevant profession or
    field) can be obtained with the petitioning employer, including
    (but not necessarily) during a period of lawful admission as a
    nonimmigrant worker, such as an H-1B, but cannot be obtained
    during a period of illegal residence in the U.S. The ``national
    interest'' waiver for immigrants in category (3) is also
    reformed, to prevent current abuses in the granting of such
    waivers. The labor certification requirement can be waived for
    category (3) if the alien's particular skills or education are
    uniquely necessary and substantially benefit the national
    interest in several specifically-defined areas, including
    national security, national defense, the provision of health
    care or other services to low income Americans, and the
    development of new technologies.
        Section 514 reforms the diversity immigrant program
    established in the Immigration Act of 1990. The revised program
    will allow admission of 27,000 immigrants each year from a
    maximum of 10 countries designated as ``low admission states''
    within each of six regions. To be eligible for a diversity
    visa, the alien must have a verified job offer in the U.S., a
    high school education or its equivalent, and a minimum of two
    years experience in an occupation that requires at least two
    years of training. No alien who at the time of application or
    at any time during the previous five years has been illegally
    present in the U.S. is eligible to receive a diversity visa.
        Sections 521 and 524 establish categories for refugees and
    other humanitarian immigrants. The annual level for such
    immigrants is 70,000 (95,000 in 1997), consisting of: refugees,
    50,000 (75,000 in 1997), unless Congress sets a higher number
    by law, or the President declares an emergency; and other
    humanitarian immigrants, 10,000. Section 521 also reforms the
    refugee consultation process by requiring that the annual
    consultations take place by July 1. The refugee provisions in
    section 521 accomplish several important goals. First, they
    ensure the availability of a minimum number of visas sufficient
    to meet the State Department's anticipated demand for refugee
    resettlement. Second, they will involve Congress more directly
    in decisions to set refugee policy, by setting a reasonable
    deadline for the consultation process and requiring legislation
    to raise the refugee target except in emergency situations.
    Third, they preserve flexibility by permitting the President to
    admit additional refugees in the case of an emergency (not
    merely an ``unforeseen'' emergency, as under current law.)
    Section 521 provides that the number of annual refugee
    admissions designated by the President may not exceed 75,000 in
    fiscal year 1997 or 50,000 in any succeeding fiscal year
    thereafter. These levels may be exceeded only if: (1) Congress
    provides by law for a higher number; or (2) the President
    declares the existence of an emergency which requires
    additional refugee admissions. The current requirement that an
    emergency be ``unforeseen'' for the purpose of admitting
    refugees outside of the set limits for a particular fiscal year
    is deleted.
        By deleting the ``unforeseen'' requirement, the President
    will have more flexibility in increasing the refugee numbers
    when circumstances indicate that a true emergency has created
    an immediate need to process and resettle additional refugees.
    This change does not obviate the need for consultation between
    the President and the House and Senate Committees on the
    Judiciary.
        Additionally, this section amends section 207(d)(1) of the
    INA to require the President to report to the House and Senate
    Judiciary Committees by June 1 of the preceding fiscal year on
    the number and allocation of refugee admissions for the
    subsequent fiscal year, and requires the series of discussions
    on this report under subsection (e) to occur by July 1.
        The category for humanitarian visas in section 524 is
    designed to meet the need for a flexible, transparent category
    that will be available for any specific situation in which
    admission of an alien is of special humanitarian concern to the
    United States. This category is specifically intended to
    replace the need for special admission categories tailored to
    special interests, and particularly to end the practice of
    admitting aliens on a permanent basis through grants of parole
    under section 212(d)(5).
        The Attorney General may use this discretionary category,
    for example, to admit specific individuals of humanitarian
    concern to the U.S. who have assisted the government in past
    legitimate military operations. In many cases, these
    individuals do not qualify as refugees and can only come to the
    country if the Attorney General chooses to grant parole on a
    long-term basis. As noted earlier, however, parole was intended
    to be and should be temporary and is not designed to admit
    aliens who do not otherwise qualify for admission to the U.S.
    The humanitarian visa category ensures, therefore, that aliens
    in these types of situations, and others can be admitted to the
    U.S. on a case-by-case basis without improper use of her
    statutorily-prescribed parole authority.
        Section 522 amends the definition of ``refugee'' to extend
    protection to aliens who have been subjected (or have a well-
    founded fear of being subjected) to coercive abortion or
    sterilization under a government-sanctioned program of coercive
    family planning, or has been persecuted (or has a well-founded
    fear of being persecuted) for refusal or resistance to such a
    program. There is much confusion about this provision, and this
    should be clarified. The primary intent of section 522 is to
    overturn several decisions of the Board of Immigration Appeals,
    principally Matter of Chang and Matter of G-.106 These
    decisions, which are binding on all immigration judges and INS
    asylum and refugee officers, hold that a person who has been
    compelled to undergo an abortion or sterilization, or has been
    severely punished for refusal to submit to such a procedure,
    cannot be eligible on that basis for refugee or asylee status
    unless the alien was singled out for such treatment on account
    of factors such as religious belief or political opinion.
        \106\ Matter of Chang, Int. Dec. 3107 (BIA, 1989); Matter of G-,
    Int. Dec. 3215 (1993). See also Zheng v. INS, 44 F.3d 379 (5th Cir.
    1995); Chen v. Carroll, 1995 WL 88164 (4th Cir. 1995).
    ---------------------------------------------------------------------------
        The Committee believes that the BIA's rationale for these
    opinions--that policies of coercive family planning are ``laws
    of general application'' motivated by concerns over population
    growth, and thus are not ``persecutory''--is unduly
    restrictive. The BIA opinion effectively precludes from
    protection persons who have been submitted to undeniable and
    grotesque violations of fundamental human rights. As stated by
    First Lady Hilary Clinton in her September 1995 address to the
    U.N. Conference on Women in Beijing, policies of coercive
    family planning violate human rights and must be resisted.
    However, the Administration, which has the authority to
    overrule the BIA decisions through regulation or through
    decision of the Attorney General, has not done so. Nor has it
    offered adequate relief to persons who have undergone such
    coercion.
        In the People's Republic of China, some women with
    ``unauthorized'' second or third pregnancies are subjected to
    involuntary abortions, often late in their pregnancies. Both
    men and women who have met their ``quota'' for children may be
    forcibly sterilized. Couples with unauthorized children are
    subjected to excessive fines, and sometimes their homes and
    possessions are destroyed. These measures are carried out by
    government agents, at the regional or local level.
        The United States should not deny protection to persons
    subjected to such treatment. Nor, however, should the U.S.
    grant protection to anyone who presents such a claim. Nothing
    in section 522 is intended to lower the evidentiary burden of
    proof for any alien, no matter how serious the nature of the
    claim. The Committee emphasizes that the burden of proof
    remains on the applicant, as in every other case, to establish
    by credible evidence that he or she has been subject to
    persecution--in this case, to coercive abortion or
    sterilization--or has a well-founded fear of such treatment.
    The Committee is aware that asylum claims based on coercive
    family planning are often made by entire groups of smuggled
    aliens, thus suggesting that at least some of the claims, if
    not the majority, have been ``coached.'' Section 522 is not
    intended to protect persons who have not actually been
    subjected to coercive measures or specifically threatened with
    such measures, but merely speculate that they will be so
    mistreated at some point in the future.
        Determining the credibility of the applicant and whether
    the actual or threatened harm rises to the level of persecution
    is a difficult and complex task, but no more so in the case of
    claims based on coercive family planning than in cases based on
    other factual situations. Asylum officers and immigration
    judges are capable of making such judgments.
        Finally, section 522 limits the number of refugee
    admissions and asylum grants on the basis of coercive family
    planning claims to 1,000 in any given fiscal year.
        Section 523 restricts the use of parole authority to allow
    aliens to enter the U.S. to specific reasons that are strictly
    in the public interest or are matters of urgent humanitarian
    concern, such as for the prosecution of an alien, to obtain an
    alien's testimony in a criminal proceeding, or to permit an
    alien to visit a dying relative. This section is intended to
    end the use of parole authority to create an ad hoc immigration
    policy or to supplement current immigration categories without
    Congressional approval. Section 524, establishing a category
    for humanitarian immigrants, is intended to allow the admission
    of immigrants that may currently be admitted through improper
    application of the parole authority, but to place such
    admissions within the overall immigration ceilings established
    by Congress.
        Section 531 reforms the asylum process, requiring that
    applications be filed within 30 days of arrival in the U.S.,
    unless circumstances in the alien's home country or in the
    alien's personal circumstances that relate to the alien's
    eligibility for asylum have fundamentally changed. This section
    also provides that an application not be accepted if the alien
    may be removed to a safe third country in which the alien would
    have access to a fair asylum process, unless the Attorney
    General finds that it is in the public interest for the alien
    to receive asylum in the United States, and that asylum
    applications be adjudicated on a specific timetable that will
    result in completion of most cases within 6 months of filing.
        This report has previously discussed the need for such
    measures to supplement the administrative reforms of the asylum
    process that were effective in January 1995. This section is
    intended to build upon the success of such provisions in
    streamlining the asylum process, while ensuring that no alien
    will be returned to persecution.
        There has been some question whether the imposition of a
    time deadline for filing an asylum application will close off
    from protection those aliens who miss the deadline. Section 531
    includes an exception from the deadline in cases where there
    are fundamentally changed circumstances affecting eligibility
    for asylum. In cases where this exception does not apply, and
    the alien would be subject to persecution if returned to his or
    her home country, the Committee recognizes that some provision
    for protection must be made.
        Even in its present form, however, H.R. 2202 does not
    require the deportation of an alien to a place where he would
    face persecution. The alien may designate any country for
    deportation, and deportation to such country is contingent upon
    acceptance of the alien by that country. Otherwise-qualified
    applicants who have missed the deadline may be eligible for a
    humanitarian visa, as established in section 524. This, the
    Committee believes, could be applied by the Attorney General to
    satisfy any international obligations of the U.S. regarding the
    protection of those who would be subject to persecution if
    returned to their homelands.
        Finally, the Committee believes that the interest in filing
    a timely application supersedes the interest in filing a
    comprehensive application. The Committee is aware that current
    INS regulations require a relatively long and detailed
    application for asylum. While it may be important for an
    applicant to be able to commit the details of his or her case
    to writing prior to an interview with an asylum officer, it is
    more important that the case be commenced as soon as possible
    after the alien's arrival in the U.S. Thus, the Committee
    encourages the INS to adopt a simpler form of application for
    asylum, with generous allowance for amendment. Furthermore, the
    INS should take affirmative steps to notify the public of the
    30-day filing requirement.

               Title VI--Eligibility for Benefits and Sponsorship

        This title is designed to continue the long-standing
    principle in U.S. immigration policy that immigrants be self-
    reliant and not depend on the American taxpayer for financial
    support. Current eligibility rules, unenforceable financial
    support agreements, and poorly-defined public charge provisions
    have undermined the tradition of self-sufficiency among the
    immigrant community. As a result, the cost to the American
    taxpayer of providing public benefits to immigrants has been in
    the tens of billions of dollars every year. Title VI specifies
    that illegal aliens are not eligible for most public benefits,
    makes enforceable the grounds for denying entry or removing
    aliens who are or are likely to become public charges, and
    makes those who agree to sponsor immigrants legally responsible
    to support them.
        Section 601 makes illegal aliens ineligible for means-
    tested public benefits and government contracts. Federal
    agencies must require that applicants show one of six documents
    to prove eligibility to receive benefits, and State agencies
    are authorized to require documentation of eligibility to
    receive benefits. This section also requires verification of
    citizenship or legal resident status for the receipt of any
    Federal student financial assistance.
        Section 621 strengthens the grounds for inadmissibility as
    a public charge by stating that a family-sponsored immigrant or
    a nonimmigrant is inadmissible if the alien cannot demonstrate
    that the alien's age, health, family status, education, skills,
    affidavit of support, or a combination thereof make it unlikely
    that the alien will become a public charge. An employment-based
    immigrant, other than an immigrant of extraordinary ability, is
    inadmissible unless the immigrant has employment at the time of
    immigration. An employment-sponsored immigrant working in a
    business owned by a member of his family must obtain a
    affidavit of support.
        Section 622 strengthens the grounds for removal as a public
    charge by extending the time period within which such removal
    may occur to seven years from the date of admission, provided
    the alien's public charge status stems from causes arising
    before admission. An alien is considered to be a public charge
    if the alien receives benefits under Supplemental Security
    Income, Aid to Families with Dependent Children, Medicaid, Food
    Stamps, State general assistance or Federal Housing Assistance
    for an aggregate of twelve months within the seven-year period.
    More flexible standards are established for battered spouses
    and children.
         Section 631 specifies that a sponsor's income and
    resources are available to the sponsored alien for the purpose
    of qualifying for public benefits. A legally binding affidavit
    of support is created for those who wish to sponsor immigrants
    into the U.S. The length of time for deeming income and for
    which the sponsorship contract is enforceable is as follows:
    for parents of U.S. citizens, through the time the parent
    becomes a citizen; for spouses of U.S. citizens and lawful
    permanent residents, until the earlier of seven years after the
    date the spouse becomes a permanent resident or the date the
    spouse becomes a citizen; and for minor children, until the
    child reaches 21 years of age. The deeming period may end
    earlier if the alien works long enough to qualify for social
    security retirement income.
        Section 632 requires that a sponsor must be the individual
    who is petitioning for the alien's admission (or an individual
    who accepts joint and several liability with the petitioner
    under the affidavit of sponsorship); be a U.S. citizen or
    permanent resident; be at least 18 years old; live in the U.S.;
    and demonstrate the means to maintain an annual income equal to
    at least 200 percent of the poverty level (unless the sponsor
    is on active-duty status in the U.S. military, in which case
    the requirement is 100 percent) for the individual and the
    sponsored alien. Certain provisions also were modified to
    provide greater flexibility to grant benefits to battered
    spouses and children.

                     Title VII--Facilitation of Legal Entry

        Immigration reform not only must address the challenges of
    illegal and legal immigration, but also must ensure that U.S.
    ports of entry are capable of receiving the hundreds of
    millions of foreign visitors who seek legitimate entry into our
    country each year. Enhancing our enforcement capability at
    land, air, and sea ports must go hand in hand with improving
    the service functions at such ports. This is important first
    because of the economic benefits brought to this country by
    international commerce and travel, and second because smooth
    functioning of our ports will enable enforcement resources to
    be strategically deployed in order to maximize the prevention
    of unauthorized entries into the U.S. In addition, curbing the
    number of people who attempt to enter on fraudulent documents
    should enable further streamlining of procedures for legitimate
    travellers.
        Section 701 requires an increase in both INS and Customs
    Service inspectors at land borders sufficient to ensure full
    staffing at peak crossing hours in all travel lanes, and that
    inspectors be deployed to areas with the greatest need. Section
    702 authorizes further expansion of the commuter lane pilot
    programs now being operated successfully at several land border
    crossing points. These programs permit frequent crossers who
    meet eligibility criteria to travel through express lanes that
    verify identity through scanners and other advanced technology.
    Special care must be taken to thoroughly screen applicants for
    special programs (such as commuter lane pilot programs and
    border crossing cards) allowing, ultimately, freer border
    crossings. Once an alien is granted this special treatment,
    further monitoring for abuse of the special benefits is
    difficult.
        Section 703 adds to the INA a new section 235A, mandating
    the operation of pre-inspection stations at 5 of the 10 foreign
    airports having the greatest number of departures for the U.S.
    The Committee believes that pre-inspection services should, to
    the greatest extent possible, result in the clearance of all
    passengers permitted to board to be admitted to the U.S. The
    converse, of course, is that passengers refused permission to
    board, on the ground that they do not have valid documents to
    be admitted or are otherwise inadmissible, will be prevented
    from even reaching a U.S. port of entry, thus reducing the
    burden on INS inspection facilities and the likelihood that
    unauthorized aliens will enter the U.S. The Committee
    encourages the INS to work closely with the Customs Service and
    the Department of State in the planning and operation of such
    pre-inspection stations, particularly in seeing to it that the
    stations have access to all relevant information in government
    databases regarding persons applying for admission to the U.S.
        Section 704, which requires the INS to expend funds from
    the Immigration User Fee Account to train airline personnel in
    the detection of fraudulent documents, and imposes sanctions
    upon airlines for failure to comply with regulations regarding
    the detection of such documents, is intended to provide air
    carriers with the means and the incentive to cooperate with the
    U.S. government in ensuring that only persons with legitimate
    admission documents are permitted to board aircraft bound for
    the U.S.
        The Committee is concerned that disputes between air
    carriers and the INS regarding the treatment of certain small
    classes of illegal aliens may have led to a less than
    cooperative approach on the urgent goal of preventing the
    boarding of international passengers with no right to be
    admitted to the U.S. Communications from the INS and the air
    carriers during the course of the Committee's considerations of
    this bill confirm this impression. The mandates contained in
    this section are equitable, requiring the government and the
    carriers to fully bear their respective responsibilities on
    this issue. The Committee believes that optimum implementation
    of these mandates will occur only through a spirit of
    cooperation greater than that displayed in recent years. These
    mandates are clear: the INS must issue regulations within 90
    days of enactment of this legislation, and must provide
    substantial funds for the training of personnel. The carriers
    must in turn comply with these regulations, at the risk of
    losing their right to transport aliens to the U.S.

                    Title VIII--Skilled Nonimmigrants (H-1B)

        Section 806 is designed to end the abuses which have
    recently plagued the H-1B program while providing regulatory
    relief for employers who do not abuse the program. Section 806
    requires an employer to attest that it will not fire and
    replace an American worker with an H-1B alien unless the
    company is willing to pay the H-1B 110 percent of what the
    fired American was making. The time period in which an employer
    is subject to this requirement is consistent with the United
    States' international obligations under the General Agreement
    on Trade in Services. This provision is intended to curtail any
    possible incentive which may exist currently for employers to
    lay off Americans because of the lure of cheap foreign labor.
    If an employer is willing to pay an H-1B a premium wage, then
    this is evidence that the H-1B is being recruited for reasons
    of superior skills.
        In addition, penalties for violations of the H-1B
    provisions will be enhanced to provide an additional
    disincentive to abuse. Among the changes, maximum civil fines
    are increased fivefold and the period in which a company cannot
    get visa petitions approved for foreign workers can be extended
    to a permanent ban.
        The employers most prone to abuse are ``H-1B dependent
    employers''--a significant percentage of whose work forces are
    composed of H-1Bs. The H-1B program is designed to ameliorate
    temporary shortages of specialized skills in the American work
    force. While it is conceivable that a company would need to
    stock its workforce predominantly with H-1Bs because of such
    shortages, this is unlikely. In many cases, the fact that firms
    are H-1B dependent cannot be attributed to any domestic skills
    shortage. It is evident that large pools of H-1Bs are being
    created to do precisely the work of--and often to replace--
    widely available American workers, presumably for cost-saving
    reasons. American workers can be replaced through direct hiring
    of H-1Bs, through utilization of a job contractor that is
    itself largely composed of H-1Bs, or through subcontracting
    work to a firm largely composed of H-1Bs.
        There is nothing inherently wrong with a firm relying on
    subcontracting or outsourcing, i.e., having another company
    produce a product or provide a service which it used to produce
    or provide on its own. Such reliance can generate great
    efficiencies. However, this practice is suspect when it is
    accomplished through the utilization of an H-1B dependent firm.
    Extensive reliance on foreign labor for cost savings alone (and
    not to provide needed, hard-to-find skills) is not in the
    nation's best interests.
        Neither is job contracting inherently wrong. There exist
    many job contractors which perform valuable services for the
    economy and do not rely inordinately on H-1B aliens. However,
    H-1B dependent job contractors are suspect. The service they
    provide is often access to a pool of cut rate foreign labor. In
    addition, the employer-job contractor relationship is one which
    can defeat the protection of the H-1B attestation system. As
    discussed earlier, the complaint-driven system relies on notice
    to impacted employees. When a job contractor places workers at
    another firm, it is imperative that the workers at the other
    firm are given notice.
        Section 806 provides regulatory relief to firms which are
    non-H-1B dependent, while maintaining strict regulatory
    standards for H-1B dependent employers. Certain of the January
    1995 Department of Labor regulations, described in an earlier
    section of this report, do have beneficial effects. However,
    the Committee believes that the good which the regulations do
    is outweighed by the burden they place on non-H-1B dependent
    employers. Therefore, the regulations are kept effective only
    as to H-1B dependent employers.
        Except for the smallest employers, the bill sets the
    percentage test for H-1B dependence at 15 or 20 percent
    (depending on the size of the firm), which ensures that
    mainstream, legitimate users of H-1Bs are classified as non-
    dependent. About ten percent of the instructional faculties of
    major universities are composed of H-1Bs. About one percent of
    the workforces at major computer corporations are so composed.
        The bill recognizes, however, that certain employers have
    become dependent on H-1B aliens not out of an abusive intent,
    but because they had legitimate business reasons and there
    never was any prohibition or penalty for doing such. Therefore,
    the bill provides employers which are H-1B dependent a
    transition period (lasting until five years after enactment)
    during which they will be accorded probationary status as non-
    H-1B dependent employers if they utilize a pre-approved plan
    and systematically reduce, to the satisfaction of the Secretary
    of Labor, their reliance on H-1B aliens.
        The regulatory relief provided to non-H-1B dependent
    employers is as follows:
        (1) A non-H-1B dependent employer does not have to post
    notice at worksites visited by an H-1B alien which are in the
    area of employment listed on the labor condition application
    (LCA) but not themselves listed. As discussed previously, the
    regulation has an important goal, especially in the context of
    job contractors. But the Committee believes that only with
    those employers where the potential for abuse is greatest--H-1B
    dependent employers--is the burden justified.
        (2) A non-H-1B dependent employer is not required to file
    additional LCAs when sending H-1B aliens to areas of employment
    not listed in their initial LCAs, so long as the H-1Bs'
    principal places of employment have not changed to non-listed
    areas. Again, this regulation has an important purpose, but
    because of its burden, it is best reserved for H-1B dependent
    employers, where the potential for abuse is greatest.
        (3) A non-H-1B dependent employer does not have to pay per
    diem and transportation costs at any specified rates when
    sending H-1Bs to areas of employment not listed in their labor
    condition applications.
        (4) The Secretary of Labor can conduct an investigation of
    a non-H-1B dependent employer only after receiving a complaint
    filed by an aggrieved party outside of the Department of Labor.
    Self-directed investigations will prove to be a better use of
    limited investigatory resources when focused on those employers
    where the potential for abuse is highest.
        Additionally, no employer shall be required to pay its non-
    H-1B workers according to an objective wage scale.
        The bill requires that when an H-1B dependent ``job
    contractor'' (meaning an employer who places an employee with
    another employer where the employee performs duties at
    worksites owned, operated, or controlled by the other employer
    and there are indicia of an employment relationship between the
    employee and the other employer) places an H-1B alien at
    another firm, it attest that either the other firm has executed
    an attestation stating that the other firm has not and will not
    lay off an American employee and replace him or her with an H-
    1B alien for the time periods specified in the General
    Agreement on Trade in Services, or the job contractor will pay
    the H-1B at 110 percent of the level of the laid off employee.
    The other employer will be subject to the section 212(n)(2)
    penalties for violating its attestation. This provision is
    designed to make sure that employers do not evade the no-layoff
    provision by simply firing American workers and replacing them
    with H-1Bs who are technically employees of job contractors.
    Some businesses may likely refuse to sign such an attestation
    with potentially severe legal consequences for noncompliance
    just for the privilege of doing business with a job contractor.
    It is for this reason that the additional attestation is only
    required with an H-1B dependent job contractor, where the
    provision, in this limited form, is necessary to prevent
    wholesale abuse.
        Under current regulations, a safe harbor (i.e., protection
    from liability) exists for prevailing wage determinations made
    by a State Employment Security Agency:

              In all situations where the employer obtains the
            prevailing wage determination from the SESA, the
            Department will accept that prevailing wage
            determination as correct and will not question its
            validity where the employer has maintained a copy of
            the SESA prevailing wage determination. A complaint
            alleging inaccuracy of a SESA prevailing wage
            determination, in such cases, will not be
            investigated.107
        \107\ 70 CFR 655.731(a)(2)(iii)(A)(3) (1995).

        If a complaint is filed and the employer has relied upon a
    non-SESA source to determine the prevailing wage, the Labor
    Department may find that an incorrect determination was made
    and that penalties and back wages may be assessed against the
    employer.108 Given the long delays sometimes associated
    with obtaining SESA determinations and the high quality of many
    alternative sources of prevailing wage data, the Committee
    finds it appropriate to enlarge the current safe harbor.
    Section 806 provides that if the Secretary of Labor does not
    issue a written rejection of an alternate source prevailing
    wage determination submitted by an employer within 45 days,
    then that wage shall be deemed to satisfy the requirement of
    section 212(n)(1)(A)(i)(II) of the Immigration and Nationality
    Act. The safe harbor will have an effect identical to that of
    the quoted language above.
        \108\ 20 CFR 655.731(d) (1995).
    ---------------------------------------------------------------------------
        Similarly, the bill provides protection from liability for
    employers in determining the actual wage paid to workers
    similarly employed as the H-1B alien. Certain large employers
    who have regularized compensation systems certified by the
    Secretary of Labor will be presumed to be paying the actual
    wage (assuming it is higher than the prevailing wage) to H-1Bs
    if they pay the H-1Bs in accordance with such systems. This
    provision allows employers with sophisticated pay systems
    relief from constructing artificial ``actual'' wages to the
    Secretary of Labor's satisfaction for the sake of compliance
    with the H-1B regulations.
        Last, section 806 partially overturns the Department of
    Labor Board of Alien Labor Certification Appeals' decision in
    Hathaway Children's Services.109 In Hathaway, BALCA ruled
    that in determining whether a non-profit organization or other
    entity having ``special circumstances'' was offering the
    prevailing wage to a prospective employment-based immigrant
    (and presumably for H-1Bs), the Department of Labor must look
    to the wage levels for jobs in the overall job market. Hathaway
    itself reversed BALCA's ruling in Tuskegee University, 110
    which stated that ``it is not only the job titles, but the
    nature of the business or institution where the jobs are
    located--for example, public or private, secular or religious,
    profit or non-profit, multi-national corporation or individual
    proprietorship--which must be evaluated in determining whether
    the jobs are `substantially comparable' '' 111 for
    purposes of determining the prevailing wage.
        \109\ 91-INA-388 (1994).
        \110\ 5 Bender's Immigr. L. and Proc. Rep. B3-172 (87-INA-561,
    1988).
        \111\ Id. at B3-176.
    ---------------------------------------------------------------------------
        Were Hathaway to stand, the Committee believes it would
    have a severely detrimental impact on our research universities
    and institutions, which must obtain H-1B visas for temporary
    workers or labor certification for permanent immigrants to
    place foreign researchers and post-doctoral students in their
    research labs. University researchers, foreign or American,
    typically work for much less than industry scale. If
    universities were required to pay industry-standard wages for
    these individuals, they would in effect be prevented from
    utilizing foreign scientific talent. Hathaway fails to
    recognize the intangible benefits that one receives from
    working at a university rather than in industry. This benefit
    often makes salary a secondary factor in an employee's decision
    whether to work in academia. Thus, the bill provides that jobs
    at universities and scientific research institutions be only
    compared with jobs at similar entities when determining the
    prevailing wage.

                                    Hearings

        The Committee's Subcommittee on Immigration and Claims held
    one day of hearings on H.R. 1915 on June 29, 1995. Testimony
    was received from 19 witnesses, representing 19 organizations,
    with additional material submitted by 5 individuals and
    organizations.

                            Committee Consideration

        On July 20, 1995, the Subcommittee on Immigration and
    Claims met in open session and ordered reported the bill H.R.
    1915, as amended and as a clean bill, by a voice vote, a quorum
    being present. The clean bill was introduced on August 4, 1995,
    as H.R. 2202. On October 24, 1995, the Committee met in open
    session and ordered reported the bill H.R. 2202 with an
    amendment by a recorded vote of 23 to 10, a quorum being
    present.

                             Vote of the Committee

    Voice votes

        Sixty-four amendments were adopted by a voice vote. These
    were: (1) An amendment by Mr. Smith of Texas to extend the
    effective date for new border crossing card requirements; (2)
    an amendment by Mr. Canady to provide specific penalties for
    making false claims of citizenship when registering to vote or
    voting; (3A) an amendment by Mr. Goodlatte to strike section
    212(i) of the Immigration and Nationality Act, thus eliminating
    waivers of exclusion for aliens who have previously committed
    misrepresentations to immigration officials; (3B) an amendment
    by Mr. Berman to restore a modified version of the waiver under
    section 212(i) of the INA; (4) an amendment by Mr. Berman to
    provide an exception for aliens with work authorization and an
    exception for aliens under family unity protection to the 10
    year bar on admission for aliens residing illegally in the
    United States for greater than 1 year; (5) an amendment by Mr.
    Smith of Texas to extend expedited removal procedures to aliens
    interdicted at sea and brought to the United States; (6) an
    amendment by Mr. Smith of Texas to preclude any private right
    of action arising out of mandates imposed on government
    officials under section 305; (7) an amendment by Mr. Smith of
    Texas to specify procedures for the detention and removal of
    stowaways; (8) an amendment by Mr. Smith of Texas to provide
    that a stowaway's application for asylum shall be considered
    under procedures for expedited removal; (9) an amendment by Mr.
    Bryant of Tennessee to the definition of a stowaway; (10) an
    amendment by Mr. Bryant of Tennessee to strike increased
    penalties on airlines; (11) an amendment by Mr. McCollum to the
    definition of immigration judge and to specify compensation for
    immigration judges; (12) an amendment by Mr. Gallegly to strike
    amended requirements regarding transit without visa aliens;
    (13) an amendment by Mr. Gallegly to extend federal
    reimbursement of state expenses for incarceration to cases
    involving aliens with two or more misdemeanor convictions, and
    to include certain pre-trial detention; (14) an amendment by
    Mr. Smith of Texas to exempt alien women and children who have
    been battered or subject to extreme cruelty from being
    inadmissible to the United States on the ground that they are
    present without being lawfully admitted; (15) an amendment by
    Mrs. Schroeder to protect the confidentiality of claims for
    relief by a person who has been battered or subject to extreme
    cruelty, and to prevent the use of information provided solely
    by an abusive spouse or family member to make a determination
    of admissibility or deportability; (16) an amendment by Mr.
    Goodlatte to state that a returning lawful permanent resident
    shall be regarded as applying for admission if the alien
    attempts to enter the United States at a time or place other
    than as designated by an immigration officer or has not been
    admitted after inspection and authorization by an immigration
    officer; (17) an amendment by Mr. Goodlatte to state that, for
    purposes of the 10-year exclusion for aliens who have been
    unlawfully present for more than one year, no time in which an
    alien is under the age of 18 (original text specified age 21)
    shall be taken into account in determining the period of
    unlawful presence; (18) an amendment by Mr. Gallegly to provide
    that prisoner transfer treaties shall allow the Federal
    Government and States to keep original prison sentences in
    force in the event that transferred prisoners return to the
    United States prior to the completion of their prison terms; to
    provide that independent verification shall include the length
    of time a transferred alien is actually incarcerated in the
    foreign country; and to require that upon the request of a
    governor, the INS shall assist State courts in identifying
    aliens unlawfully present in the United States pending criminal
    prosecution; (19) an amendment by Mr. Frank to provide for
    judicial review of a determination that an alien is a
    representative of a terrorist organization; (20) an amendment
    by Mr. Berman to strike the requirement that an alien have been
    lawfully admitted to the United States to be eligible for
    cancellation of removal; to provide, for purposes of meeting
    the seven-year continuous physical presence requirement for
    cancellation of removal, that an alien who has departed the
    United States for 180 days shall not be considered to have
    broken continuous physical presence if the Attorney General
    finds that return could not be accomplished due to emergent
    reasons; to provide that the provisions regarding calculation
    of continuous physical presence shall apply only to notices to
    appear for a deportation or removal proceeding filed after the
    date of enactment; and to limit to 4,000 in each year the
    number of aliens granted cancellation of removal; (21) an
    amendment by Mr. Hyde to provide that the amendments reducing
    the number of documents that may be presented by employees to
    establish identity and eligibility for employment shall take
    effect on a date designated by the Attorney General not later
    than 18 months after the date of enactment; (22) an amendment
    offered by Mr. Goodlatte to exempt from civil or criminal
    liability the action of any person taken in good faith reliance
    on information provided through the employment eligibility
    confirmation mechanism; (23) an amendment by Mr. Barr, with a
    perfecting amendment by Mr. Goodlatte, to state that the
    confirmation mechanism shall confirm whether an individual has
    presented a social security account number or an alien
    identification number that is not valid for employment; (24) an
    amendment by Mr. Goodlatte to change from 2 days to 3 days
    after date of employment the period within which an employer
    must make an inquiry into the confirmation mechanism; (25) an
    en bloc amendment by Mr. Goodlatte to make a conforming change
    to require that the employer inquire into the confirmation
    mechanism within 3 days of employment; to provide that
    operation of the confirmation mechanism may be carried out by a
    nongovernmental entity designated by the Attorney General; to
    require that the confirmation mechanism be designed to maximize
    reliability and ease of use, to respond to all inquiries and to
    register when such response is not possible; to provide that if
    an employer attempts to make an inquiry within the required 3
    days of employment and the confirmation mechanism has
    registered that not all inquiries were responded to during that
    time, the employer can meet requirements for making such
    inquiries and qualify for the defense from liability extended
    to those who use the confirmation mechanism, if the employer
    makes the inquiry on the first subsequent working day in which
    the confirmation mechanism registers no nonresponses; to
    provide that the confirmation mechanism shall provide a
    confirmation or tentative nonconfirmation of an individual's
    employment eligibility within 3 days of the initial inquiry and
    that in the case of a tentative nonconfirmation, the Attorney
    General, in consultation with the Commissioner of Social
    Security and the Commissioner of the INS, shall provide an
    expedited time period, not more than 10 days, within which
    final confirmation or nonconfirmation must be provided; to
    require that within 180 days of enactment, the Attorney General
    shall issue regulations providing for the electronic storage of
    I-9 forms; to conform to current law the bill's references to
    ``hiring'' and ``employment'' by adding references to
    recruitment and referral for employment; (26) an amendment by
    Mr. Hoke, with an amendment by Mr. Becerra and a perfecting
    amendment by Mr. Hyde, to implement the confirmation mechanism
    as a series of pilot projects in 5 of the 7 States with the
    highest estimated population of unauthorized aliens, to
    terminate not later than October 1, 1999, and to require the
    Attorney General to submit annual reports on the pilot projects
    which may include analysis of whether the mechanism is reliable
    and easy to use, limits job losses due to inaccurate data,
    increases or decreases discrimination, protects individual
    privacy, and burdens employers; (27) an amendment by Mr.
    Goodlatte to state that an employer's request for more or
    different documents than are required under section 274A(b) of
    the INA shall constitute an unfair immigration-related
    employment practice if done for the purpose of discriminating;
    (28) an amendment by Mr. Hyde to create a new second
    employment-based immigration preference for outstanding
    professors and researchers and multinational executives and
    managers; (29) an amendment by Mr. Hyde to provide a waiver
    from the requirement for labor certification for certain aliens
    who are members of the professions holding advanced degrees or
    aliens of exceptional ability if such waiver is necessary to
    advance the national interest in one of several specific areas;
    (30) an amendment by Mr. Hyde to strike the requirement that at
    least 50 percent of an immigrant's sons and daughters are
    lawful permanent residents or citizens residing in the United
    States in order for the immigrant to be admitted as the parent
    of a United States citizen; (31) an amendment by Mr. Gekas,
    with an amendment by Mr. Smith of Texas which was adopted on a
    roll call vote, to create a category for the admission as
    immigrants of the adult sons and daughters of United States
    citizens and lawful permanent residents if such immigrants are
    under age 26, never-married, childless, and considered as
    dependents for Federal income tax purposes, and to set
    numerical limits for the admission of such immigrants; (32) an
    amendment by Mr. Gekas, with an amendment by Mr. Smith of Texas
    which was adopted on a roll call vote, to change the experience
    requirements for immigrants admitted as professionals and
    skilled workers; an amendment by Ms. Lofgren to provide a
    waiver of the 10-year exclusion for aliens unlawfully present
    if the Attorney General determined that such waiver is
    necessary to substantially benefit the national interest in one
    of several specified areas; (33) an amendment by Mr. Gallegly
    to provide that work experience obtained while an alien is
    unauthorized to work in the United States shall not count to
    meet the experience requirements for immigrants admitted as
    professionals and skilled workers; (34) an amendment by Mr.
    Smith of Texas to provide for the admission as immigrants of
    certain adult disabled children of United States nationals and
    lawful permanent residents; (35) an amendment by Mr. Hyde to
    extend refugee protection to aliens who have resisted
    implementation of coercive population control measures; (36) an
    amendment by Mr. Smith of Texas to establish that not less than
    25,000 immigrant visas will be available for the parents of
    United States citizens; (37) an amendment by Mr. McCollum to
    strike provisions for the adjustment of visa numbers for
    professionals and skilled workers to offset excess family
    admissions; (38) an amendment by Mr. McCollum to change
    deadlines for the filing of asylum applications, and to make
    other reforms to the asylum process, with an amendment by Mr.
    Frank adopted by a roll call vote to the provision for return
    of an alien to a safe third country; (39) an amendment by Mr.
    Schiff, with a substitute amendment by Mr. Hyde, to establish
    deadlines for the refugee consultation process; (40) an
    amendment by Mr. Bryant of Tennessee to permit the use of
    parole authority for the prosecution of aliens in U.S. courts;
    (41) an en bloc amendment by Mr. Smith of Texas to exempt
    family violence services from the prohibition on receipt of
    public benefits by illegal aliens and to, in the case of an
    alien battered or subject to extreme cruelty by a spouse or
    parent (or, under certain conditions, another family member
    residing in the household); exempt the alien from the
    prohibition on receipt of public benefits if the alien has
    applied for a change in immigration status within 45 days of
    the first application for such public benefits; lengthen to 48
    months the period of receipt of public benefits which would
    render the alien deportable as a public charge; modify the
    rules for attribution of a sponsor's income to the alien;
    exempt the alien from the requirement that public benefits paid
    to the alien be reimbursed prior to naturalization of the alien
    in the event that the battery or cruelty resulted in issuance
    of a judicial or administrative order and the need for the
    public benefits had a substantial nexus to the battery or
    cruelty; (42) an amendment by Mr. Smith of Texas to exempt
    school lunch and child nutrition benefits from the prohibition
    on receipt of public benefits by illegal aliens; (43) an
    amendment by Mr. Smith of Texas to provide that active-duty
    military personnel, in order to qualify as sponsors, must
    maintain an income at 100 percent of the poverty level; (44) an
    amendment by Mr. Smith of Texas to remove social services block
    grants from the list of public benefits receipt of which can be
    used to establish that an alien is a public charge; (45) an en
    bloc amendment by Mr. Smith of Texas to provisions regarding
    the protection of American workers from displacement through
    the H-1B nonimmigrant program, and other conforming changes;
    (46) an amendment by Mrs. Schroeder to require notification to
    arriving aliens from certain countries regarding female genital
    mutilation; (47) an amendment by Mr. McCollum offered to
    require immigrants to submit proof of vaccination against
    specified diseases; (48) an amendment by Mr. Gallegly to
    provide that reimbursement to hospitals for emergency medical
    services may be made for such services provided through a
    contract with another hospital or facility; (49) an amendment
    by Mr. Gallegly to require that the pilot project for linking
    vital statistics records in certain States be implemented
    within two years of the date of enactment; (50) an amendment by
    Mr. Gallegly to require verification of student eligibility for
    post-secondary federal student financial assistance; (51) an
    amendment by Mr. Gallegly, with an amendment by Mr. Hyde,
    regarding communication between State and local government
    agencies and the INS; (52) an amendment by Mr. Smith of Texas
    to exempt from limitations on adjustment of status an alien who
    has reasonable grounds to fear that he or she will be subject
    to battery or extreme cruelty if he or she departs from the
    United States; (53) an amendment by Mr. Reed to require that
    prior to the construction of new detention facilities for
    aliens, that the Commissioner of the INS consider the
    availability for purchase or lease of existing facilities; (54)
    an amendment by Ms. Lofgren to provide that an alien whose
    status is changed under section 248 of the INA may obtain a
    visa without departing from the United States; (55) an
    amendment by Mr. Nadler to provide that an illegal alien may
    receive emergency relief not limited to disaster relief; (56)
    an amendment by Mr. Reed to designate Portugal as a country
    eligible for the visa waiver pilot program; (57) an amendment
    by Mr. Berman to strike the limitation on adjustment of status
    under section 245(i) of the INA and increase the charge for
    adjustment of status to $2,500; (58) an amendment by Mr.
    Becerra, with an amendment by Mr. Smith of Texas adopted by a
    voice vote, to provide reimbursement, subject to available
    appropriations, of fees paid by petitioners for eliminated
    family-sponsored categories; (59) an amendment by Mr. Berman
    regarding the confidentiality of the files of legalization
    applicants; (60) an en bloc amendment by Mr. Goodlatte to amend
    requirements on the hiring of H-1B nonimmigrants by removing
    the expanded 30-day period to approve a labor condition
    application for an H-1B-dependent employer; increasing the
    penalties for not fulfilling H-1B attestations; clarifying that
    firing an employee for poor performance does not violate the
    no-layoff provisions; establishing criteria for the
    determination of prevailing wages; and making other changes;
    (61) an amendment by Mr. Berman to extend civil penalties for
    document fraud to unauthorized preparers of forms, petitions,
    or applications; (62) an amendment by Mr. Frank to allow relief
    under the Federal Tort Claims Act for persons wrongly denied
    employment through operation of the employment eligibility
    verification mechanism; (63) an amendment by Mr. Berman to
    permit execution of an affidavit of support for an immigrant by
    an individual who will accept joint and several liability with
    the petitioner for the immigrant; (64) an amendment by Mr.
    Frank to establish criteria under which an employer may request
    additional employment eligibility documents from an employee.

    Recorded votes

        There were forty recorded votes (thirty-nine on amendments
    and one on final passage) during the Committee's consideration
    of H.R. 2202, as follows:
        1. Amendment offered by Mr. Watt to strike the provisions
    regarding construction of fencing in the border area near San
    Diego. Defeated 11-17.
            AYES                          NAYS
    Mr. Conyers                         Mr. Hyde
    Mrs. Schroeder                      Mr. Moorhead
    Mr. Berman                          Mr. Sensenbrenner
    Mr. Reed                            Mr. Coble
    Mr. Nadler                          Mr. Smith (TX)
    Mr. Scott                           Mr. Schiff
    Mr. Watt                            Mr. Gallegly
    Mr. Becerra                         Mr. Canady
    Mr. Serrano                         Mr. Inglis
    Ms. Lofgren                         Mr. Goodlatte
    Ms. Jackson Lee                     Mr. Hoke
                                        Mr. Bono
                                        Mr. Heineman
                                        Mr. Bryant (TN)
                                        Mr. Chabot
                                        Mr. Barr
                                        Mr. Bryant (TX)

        2. Amendment offered by Mr. Becerra to strike the 10-year
    re-admission bar for aliens who have been present unlawfully in
    the U.S. for more than one year. Defeated 13-19.
            AYES                          NAYS
      Mr. Conyers                       Mr. Hyde
      Mrs. Schroeder                    Mr. Moorhead
      Mr. Berman                        Mr. Sensenbrenner
      Mr. Boucher                       Mr. McCollum
      Mr. Bryant (TX)                   Mr. Coble
      Mr. Reed                          Mr. Smith (TX)
      Mr. Nadler                        Mr. Schiff
      Mr. Scott                         Mr. Gallegly
      Mr. Watt                          Mr. Canady
      Mr. Becerra                       Mr. Inglis
      Mr. Serrano                       Mr. Goodlatte
      Ms. Lofgren                       Mr. Buyer
      Ms. Jackson Lee                   Mr. Hoke
                                        Mr. Bono
                                        Mr. Heineman
                                        Mr. Bryant (TN)
                                        Mr. Chabot
                                        Mr. Flanagan
                                        Mr. Barr

        3. Amendment offered by Mr. Goodlatte to permanently
    exclude aliens from readmission into the U.S. if convicted of
    an aggravated felony. Adopted 14-8.\112\
        \112\ Ms. Jackson Lee stated for record that, had she been present,
    she would have voted ``nay'' on this amendment.

            AYES                          NAYS
    Mr. Hyde                            Mr. Bono
    Mr. Moorhead                        Mr. Conyers
    Mr. Sensenbrenner                   Mrs. Schroeder
    Mr. McCollum                        Mr. Frank
    Mr. Coble                           Mr. Berman
    Mr. Smith (TX)                      Mr. Nadler
    Mr. Schiff                          Mr. Scott
    Mr. Gallegly                        Mr. Watt
    Mr. Canady
    Mr. Goodlatte
    Mr. Heineman
    Mr. Bryant (TN)
    Mr. Chabot
    Mr. Reed

        4. Amendment offered by Mr. Watt to strike the provisions
    regarding the introduction of electronic surveillance
    information in special proceedings to remove an alien terrorist
    from the U.S. Defeated 10-16.\113\
        \113\ Ms. Jackson Lee stated for record that, had she been present,
    she would have voted ``aye'' on this amendment.

            AYES                          NAYS
    Mr. Bono                            Mr. Hyde
    Mr. Conyers                         Mr. Sensenbrenner
    Mrs. Schroeder                      Mr. McCollum
    Mr. Frank                           Mr. Gekas
    Mr. Berman                          Mr. Coble
    Mr. Nadler                          Mr. Smith (TX)
    Mr. Scott                           Mr. Schiff
    Mr. Watt                            Mr. Gallegly
    Mr. Serrano                         Mr. Canady
    Ms. Lofgren                         Mr. Inglis
                                        Mr. Goodlatte
                                        Mr. Heineman
                                        Mr. Bryant (TN)
                                        Mr. Chabot
                                        Mr. Boucher
                                        Mr. Reed

        5. Amendment offered by Mr. Nadler to limit the
    introduction of classified information in special proceedings
    for the removal of alien terrorists. Defeated 11-18.
            AYES                          NAYS
    Mr. Conyers                         Mr. Hyde
    Mr. Frank                           Mr. Moorhead
    Mr. Berman                          Mr. McCollum
    Mr. Reed                            Mr. Coble
    Mr. Nadler                          Mr. Smith (TX)
    Mr. Scott                           Mr. Gallegly
    Mr. Watt                            Mr. Canady
    Mr. Becerra                         Mr. Inglis
    Mr. Serrano                         Mr. Buyer
    Ms. Lofgren                         Mr. Hoke
    Ms. Jackson Lee                     Mr. Bono
                                        Mr. Heineman
                                        Mr. Bryant (TN)
                                        Mr. Chabot
                                        Mr. Flanagan
                                        Mr. Barr
                                        Mrs. Schroeder
                                        Mr. Schumer

        6. Amendment offered by Mr. Watt to require judicial review
    of an order to exclude an alien under procedures for expedited
    removal, including review of an asylum officer's determination
    that an inadmissible alien does not have a credible fear of
    persecution. Defeated 9-15.
            AYES                          NAYS
    Mr. Conyers                         Mr. Hyde
    Mr. Frank                           Mr. McCollum
    Mr. Berman                          Mr. Coble
    Mr. Reed                            Mr. Smith (TX)
    Mr. Scott                           Mr. Gallegly
    Mr. Watt                            Mr. Inglis
    Mr. Becerra                         Mr. Buyer
    Ms. Lofgren                         Mr. Hoke
    Ms. Jackson Lee                     Mr. Bono
                                        Mr. Heineman
                                        Mr. Chabot
                                        Mr. Flanagan
                                        Mr. Barr
                                        Mr. Schumer
                                        Mr. Bryant (TX)

        7. Amendment offered by Mr. Chabot to strike provisions for
    an employment eligibility verification system. Defeated 15-
    17.\114\
        \114\ Ms. Jackson Lee stated for record that, had she been present,
    she would have voted ``aye'' on this amendment.

            AYES                          NAYS
    Mr. Sensenbrenner                   Mr. Hyde
    Mr. Inglis                          Mr. Moorhead
    Mr. Buyer                           Mr. McCollum
    Mr. Hoke                            Mr. Gekas
    Mr. Heineman                        Mr. Coble
    Mr. Chabot                          Mr. Smith (TX)
    Mr. Flanagan                        Mr. Schiff
    Mr. Conyers                         Mr. Gallegly
    Mrs. Schroeder                      Mr. Canady
    Mr. Reed                            Mr. Goodlatte
    Mr. Nadler                          Mr. Bono
    Mr. Watt                            Mr. Bryant (TN)
    Mr. Becerra                         Mr. Barr
    Mr. Serrano                         Mr. Frank
    Ms. Lofgren                         Mr. Schumer
                                        Mr. Berman
                                        Mr. Bryant (TX)

        8. Amendment offered by Mr. Berman to expand enforcement
    authority and penalties against labor standards violations.
    Defeated 13-18.
             AYES                         NAYS
    Mr. Conyers                         Mr. Hyde
    Mrs. Schroeder                       Mr. Moorhead
    Mr. Frank                            Mr. Sensenbrenner
    Mr. Berman                           Mr. McCollum
    Mr. Boucher                          Mr. Gekas
    Mr. Bryant (TX)                      Mr. Smith (TX)
    Mr. Reed                             Mr. Schiff
    Mr. Nadler                           Mr. Gallegly
    Mr. Watt                             Mr. Canady
    Mr. Becerra                          Mr. Inglis
    Mr. Serrano                          Mr. Goodlatte
    Ms. Lofgren                          Mr. Hoke
    Ms. Jackson Lee                     Mr. Bono
                                        Mr. Heineman
                                        Mr. Bryant (TN)
                                        Mr. Chabot
                                        Mr. Flanagan
                                        Mr. Barr

        9. Amendment offered by Mr. Barr to exempt employers of
    three or less employees from the requirement to verify
    employment eligibility through the electronic verification
    mechanism. Adopted 16-13.115
        \115\ Ms. Lofgren voted ``present''.

            AYES                          NAYS
    Mr. Moorhead                        Mr. Hyde
    Mr. Gekas                           Mr. Sensenbrenner
    Mr. Smith (TX)                      Mr. McCollum
    Mr. Gallegly                        Mr. Schiff
    Mr. Canady                          Mr. Goodlatte
    Mr. Inglis                          Mr. Hoke
    Mr. Bono                            Mr. Bryant (TN)
    Mr. Heineman                        Mr. Frank
    Mr. Flanagan                        Mr. Schumer
    Mr. Barr                            Mr. Berman
    Mr. Conyers                         Mr. Watt
    Mrs. Schroeder                      Mr. Becerra
    Mr. Boucher                         Mr. Serrano
    Mr. Reed
    Mr. Nadler
    Ms. Jackson Lee

        10. A perfecting amendment offered by Mr. Berman to remove
    from the substitute amendment offered by Mr. Smith of Texas to
    the amendment offered by Mr. Gekas the requirement that, in
    order to be eligible for an immigrant visa, the adult unmarried
    sons and daughters be claimed as dependents for Federal Income
    Tax purposes. Defeated 11-17.
            AYES                          NAYS
    Mr. Conyers                         Mr. Hyde
    Mrs. Schroeder                      Mr. Sensenbrenner
    Mr. Frank                           Mr. McCollum
    Mr. Berman                          Mr. Gekas
    Mr. Nadler                          Mr. Coble
    Mr. Scott                           Mr. Smith (TX)
    Mr. Watt                            Mr. Schiff
    Mr. Becerra                         Mr. Gallegly
    Mr. Serrano                         Mr. Canady
    Ms. Lofgren                         Mr. Goodlatte
    Ms. Jackson Lee                     Mr. Buyer
                                        Mr. Hoke
                                        Mr. Bono
                                        Mr. Heineman
                                        Mr. Chabot
                                        Mr. Flanagan
                                        Mr. Barr

        11. A perfecting amendment offered by Mr. Becerra to remove
    from the substitute amendment offered by Mr. Smith of Texas to
    the amendment offered by Mr. Gekas the requirement that, in
    order to be eligible for an immigrant visa, a son or daughter
    be ``never married'' and to insert a requirement that the son
    or daughter be ``unmarried.'' Defeated 11-19.
            AYES                          NAYS
    Mr. Conyers                         Mr. Hyde
    Mrs. Schroeder                      Mr. Sensenbrenner
    Mr. Frank                           Mr. McCollum
    Mr. Berman                          Mr. Gekas
    Mr. Nadler                          Mr. Coble
    Mr. Scott                           Mr. Smith (TX)
    Mr. Watt                            Mr. Schiff
    Mr. Becerra                         Mr. Gallegly
    Mr. Serrano                         Mr. Canady
    Ms. Lofgren                         Mr. Inglis
    Ms. Jackson Lee                     Mr. Goodlatte
                                        Mr. Buyer
                                        Mr. Hoke
                                        Mr. Bono
                                        Mr. Heineman
                                        Mr. Chabot
                                        Mr. Flanagan
                                        Mr. Barr
                                        Mr. Boucher

        12. A substitute amendment offered by Mr. Smith of Texas to
    the amendment offered by Mr. Gekas to create a category for the
    admission of certain adult sons and daughters of citizens and
    permanent resident aliens. Adopted 17-12.
            AYES                          NAYS
    Mr. Sensenbrenner                   Mr. Hyde
    Mr. McCollum                        Mr. Conyers
    Mr. Gekas                           Mrs. Schroeder
    Mr. Coble                           Mr. Frank
    Mr. Smith (TX)                      Mr. Berman
    Mr. Schiff                          Mr. Boucher
    Mr. Gallegly                        Mr. Scott
    Mr. Canady                          Mr. Watt
    Mr. Inglis                          Mr. Becerra
    Mr. Goodlatte                       Mr. Serrano
    Mr. Buyer                           Ms. Lofgren
    Mr. Hoke                            Ms. Jackson Lee
    Mr. Bono
    Mr. Heineman
    Mr. Chabot
    Mr. Flanagan
    Mr. Barr

        13. A substitute amendment offered by Mr. Smith of Texas to
    an amendment offered by Mr. Gekas to change the work experience
    requirements for aliens admitted as professionals or skilled
    workers. Adopted 17-9.
            AYES                          NAYS
    Mr. Moorhead                        Mr. Hyde
    Mr. McCollum                        Mr. Gekas
    Mr. Coble                           Mr. Inglis
    Mr. Smith (TX)                      Mr. Bono
    Mr. Schiff                          Mr. Chabot
    Mr. Gallegly                        Mr. Flanagan
    Mr. Buyer                           Mr. Barr
    Mr. Hoke                            Mr. Frank
    Mr. Heineman                        Ms. Lofgren
    Mr. Conyers                         Mrs. Schroeder
    Mr. Schumer
    Mr. Berman
    Mr. Bryant (TX)
    Mr. Reed
    Mr. Watt
    Ms. Jackson Lee

        14. Amendment offered by Mr. Watt to eliminate the investor
    visa program. Defeated 8-20.
            AYES                          NAYS
    Mr. Conyers                         Mr. Hyde
    Mr. Frank                           Mr. Moorhead
    Mr. Bryant (TX)                     Mr. McCollum
    Mr. Reed                            Mr. Gekas
    Mr. Scott                           Mr. Coble
    Mr. Watt                            Mr. Smith (TX)
    Mr. Becerra                         Mr. Schiff
    Mr. Serrano                         Mr. Gallegly
                                        Mr. Canady
                                        Mr. Inglis
                                        Mr. Goodlatte
                                        Mr. Buyer
                                        Mr. Hoke
                                        Mr. Bono
                                        Mr. Heineman
                                        Mr. Chabot
                                        Mr. Flanagan
                                        Mr. Barr
                                        Mr. Berman
                                        Ms. Lofgren

        15. Amendment offered by Mr. Watt to limit to 2,000 the
    numbers of visas available for investors. Defeated 10-18.
            AYES                          NAYS
    Mr. Conyers                         Mr. Hyde
    Mr. Frank                           Mr. Moorhead
    Mr. Bryant (TX)                     Mr. McCollum
    Mr. Reed                            Mr. Coble
    Mr. Nadler                          Mr. Smith (TX)
    Mr. Scott                           Mr. Schiff
    Mr. Watt                            Mr. Gallegly
     Mr. Becerra                        Mr. Canady
    Mr. Serrano                         Mr. Inglis
    Ms. Jackson Lee                     Mr. Goodlatte
                                        Mr. Buyer
                                        Mr. Bono
                                        Mr. Heineman
                                        Mr. Chabot
                                        Mr. Flanagan
                                        Mr. Barr
                                        Mr. Berman
                                        Mr. Boucher

        16. Amendment offered by Ms. Jackson Lee to extend the
    asylum filing deadline from 60 to 180 days. Defeated: 9-14.
            AYES                          NAYS
    Mr. Conyers                         Mr. Hyde
    Mrs. Schroeder                      Mr. McCollum
    Mr. Frank                           Mr. Gekas
    Mr. Berman                          Mr. Smith (TX)
    Mr. Boucher                         Mr. Gallegly
    Mr. Nadler                          Mr. Canady
    Mr. Serrano                         Mr. Goodlatte
    Ms. Lofgren                         Mr. Buyer
    Ms. Jackson Lee                     Mr. Bono
                                        Mr. Heineman
                                        Mr. Bryant (TN)
                                        Mr. Chabot
                                        Mr. Flanagan
                                        Mr. Barr

        17. Amendment offered by Mr. Berman to strike the
    provisions reforming the legal immigration system (sections 500
    through 517). Defeated 14-20.
            AYES                          NAYS
    Mr. Chabot                          Mr. Hyde
    Mr. Conyers                         Mr. Moorhead
    Mrs. Schroeder                      Mr. Sensenbrenner
    Mr. Frank                           Mr. McCollum
    Mr. Schumer                         Mr. Gekas
    Mr. Berman                          Mr. Coble
    Mr. Reed                            Mr. Smith (TX)
    Mr. Nadler                          Mr. Gallegly
    Mr. Scott                           Mr. Canady
    Mr. Watt                            Mr. Inglis
    Mr. Becerra                         Mr. Goodlatte
    Mr. Serrano                         Mr. Buyer
    Ms. Lofgren                         Mr. Hoke
    Ms. Jackson Lee                     Mr. Bono
                                        Mr. Heineman
                                        Mr. Bryant (TN)
                                        Mr. Flanagan
                                        Mr. Barr
                                        Mr. Boucher
                                        Mr. Bryant (TX)

        18. Amendment offered by Mr. Frank to the amendment offered
    by McCollum to section 526 [now section 531] regarding the
    eligibility of aliens to apply for asylum. Adopted 18-11.
            AYES                          NAYS
    Mr. Hyde                            Mr. Sensenbrenner
    Mr. Moorhead                        Mr. McCollum
    Mr. Schiff                          Mr. Coble
    Mr. Canady                          Mr. Smith (TX)
    Mr. Bono                            Mr. Gallegly
    Mr. Flanagan                        Mr. Inglis
    Mr. Conyers                         Mr. Goodlatte
    Mrs. Schroeder                      Mr. Buyer
    Mr. Frank                           Mr. Heineman
    Mr. Schumer                         Mr. Bryant (TN)
    Mr. Berman                          Mr. Chabot
    Mr. Boucher
    Mr. Reed
    Mr. Scott
    Mr. Watt
    Mr. Serrano
    Ms. Lofgren
    Ms. Jackson Lee

        19. Perfecting amendment offered by Mr. Schiff to the
    substitute amendment offered by Mr. Hyde to the amendment
    offered by Mr. Schiff concerning the refugee consultation
    process, to permit the establishment of a higher refugee
    ceiling through the consultation process. Defeated 15-
    16.116
        \116\ Ms. Jackson Lee stated for the record that, had she been
    present, she would have voted ``aye'' on this amendment.

            AYES                          NAYS
    Mr. Schiff                          Mr. Hyde
    Mr. Hoke                            Mr. Moorhead
    Mr. Chabot                           Mr. Sensenbrenner
    Mr. Flanagan                        Mr. McCollum
    Mr. Conyers                         Mr. Smith (TX)
    Mrs. Schroeder                      Mr. Gallegly
    Mr. Frank                           Mr. Canady
    Mr. Schumer                         Mr. Inglis
    Mr. Berman                          Mr. Goodlatte
    Mr. Reed                            Mr. Buyer
    Mr. Nadler                          Mr. Bono
    Mr. Scott                           Mr. Heineman
    Mr. Watt                            Mr. Bryant (TN)
    Mr. Becerra                         Mr. Barr
    Ms. Lofgren                          Mr. Boucher
                                        Mr. Bryant (TX)

        21. Amendment offered by Ms. Jackson Lee eliminating the
    cap on immediate relatives, restoring parents of citizens to
    the category of immediate relatives, and eliminating borrowing
    from employment based visas for family admissions. Defeated 16-
    16.
            AYES                          NAYS
    Mr. Chabot                          Mr. Hyde
    Mr. Flanagan                        Mr. Moorhead
    Mr. Conyers                         Mr. Sensenbrenner
    Mrs. Schroeder                      Mr. McCollum
    Mr. Frank                           Mr. Coble
    Mr. Schumer                         Mr. Smith (TX)
    Mr. Berman                          Mr. Schiff
    Mr. Boucher                         Mr. Canady
    Mr. Reed                            Mr. Inglis
    Mr. Nadler                          Mr. Goodlatte
    Mr. Scott                           Mr. Buyer
    Mr. Watt                            Mr. Hoke
    Mr. Becerra                         Mr. Bono
    Mr. Serrano                         Mr. Heineman
    Ms. Lofgren                         Mr. Bryant (TN)
    Ms. Jackson Lee                     Mr. Bryant TX)

        20. Amendment offered by Mr. Berman regarding the admission
    of the spouses and children of aliens admitted as employment-
    based immigrants. Defeated 13-18.
            AYES                          NAYS
    Mr. Conyers                         Mr. Hyde
    Mrs. Schroeder                      Mr. Moorhead
    Mr. Frank                           Mr. Sensenbrenner
    Mr. Berman                          Mr. McCollum
    Mr. Boucher                         Mr. Smith (TX)
    Mr. Bryant (TX)                     Mr. Schiff
    Mr. Reed                            Mr. Canady
    Mr. Nadler                          Mr. Inglis
    Mr. Scott                           Mr. Goodlatte
    Mr. Watt                            Mr. Buyer
    Mr. Becerra                         Mr. Hoke
    Mr. Serrano                         Mr. Bono
    Ms. Jackson Lee                     Mr. Heineman
                                        Mr. Bryant (TN)
                                        Mr. Chabot
                                        Mr. Flanagan
                                        Mr. Barr
                                        Ms. Lofgren

        21. Amendment offered by Ms. Jackson Lee eliminating the
    cap on immediate relatives, restoring parents of citizens to
    the category of immediate relatives, and eliminating borrowing
    from employment based visas for family admissions. Defeated 16-
    16.
            AYES                          NAYS
    Mr. Chabot                          Mr. Hyde
    Mr. Flanagan                        Mr. Moorhead
    Mr. Conyers                         Mr. Sensenbrenner
    Mrs. Schroeder                      Mr. McCollum
    Mr. Frank                           Mr. Coble
    Mr. Schumer                         Mr. Smith (TX)
    Mr. Berman                          Mr. Schiff
    Mr. Boucher                         Mr. Canady
    Mr. Reed                            Mr. Inglis
    Mr. Nadler                          Mr. Goodlatte
    Mr. Scott                           Mr. Buyer
    Mr. Watt                            Mr. Hoke
    Mr. Becerra                         Mr. Bono
    Mr. Serrano                         Mr. Heineman
    Ms. Lofgren                         Mr. Bryant (TN)
    Ms. Jackson Lee                     Mr. Bryant (TX)

        22. Amendment offered by Mr. Schiff to permit an increase
    in the limit on refugee admissions through the refugee
    consultation process. Defeated 14-16.117
        \117\ Ms. Jackson Lee stated for the record that, had she been
    present, she would have voted ``aye'' on this amendment.

            AYES                          NAYS
    Mr. Schiff                          Mr. Hyde
    Mr. Hoke                            Mr. Moorhead
    Mr. Chabot                          Mr. Sensenbrenner
    Mrs. Schroeder                      Mr. McCollum
    Mr. Frank                           Mr. Gekas
    Mr. Schumer                         Mr. Smith (TX)
    Mr. Berman                          Mr. Gallegly
    Mr. Boucher                         Mr. Canady
    Mr. Reed                            Mr. Inglis
    Mr. Nadler                          Mr. Goodlatte
    Mr. Scott                           Mr. Buyer
    Mr. Watt                            Mr. Bono
    Mr. Serrano                         Mr. Heineman
    Ms. Lofgren                         Mr. Bryant (TN)
                                        Mr. Barr
                                        Mr. Bryant (TX)

        23. Amendment offered by Mr. Nadler providing that the
    ``public charge'' ground for deportability would not apply in
    the case of a refugee or asylee. Defeated 7-14.118
        \118\ Ms. Jackson Lee stated for the record that, had she been
    present, she would have voted ``aye'' on this amendment.

            AYES                          NAYS
    Mr. Conyers                         Mr. Hyde
    Mr. Berman                          Mr. Moorhead
    Mr. Nadler                          Mr. Sensenbrenner
    Mr. Scott                           Mr. Smith (TX)
    Mr. Watt                            Mr. Canady
    Mr. Becerra                         Mr. Goodlatte
    Ms. Lofgren                         Mr. Bono
                                        Mr. Heineman
                                        Mr. Bryant (TN)
                                        Mr. Chabot
                                        Mr. Flanagan
                                        Mr. Barr
                                        Mr. Bryant (TX)
                                        Mr. Reed

        24. Amendment offered by Mr. Bryant of TN requiring
    hospitals to provide that hospitals seeking federal
    reimbursement for the emergency treatment of illegal aliens
    shall promptly provide the INS with identifying information
    regarding the illegal alien. Defeated 11-15.119
        \119\ Ms. Jackson Lee stated for the record that, had she been
    present, she would have voted ``nay'' on this amendment.

            AYES                          NAYS
    Mr. McCollum                        Mr. Hyde
    Mr. Smith (TX)                      Mr. Moorhead
    Mr. Inglis                          Mr. Sensenbrenner
    Mr. Buyer                           Mr. Goodlatte
    Mr. Hoke                            Mr. Conyers
    Mr. Bono                            Mrs. Schroeder
    Mr. Heineman                        Mr. Schumer
    Mr. Bryant (TN)                     Mr. Berman
    Mr. Chabot                          Mr. Boucher
    Mr. Flanagan                        Mr. Bryant (TX)
    Mr. Barr                            Mr. Reed
                                        Mr. Nadler
                                        Mr. Watt
                                        Mr. Becerra
                                        Ms. Lofgren

        25. Amendment offered by Mr. Moorhead providing that for
    purposes of computing prevailing wages in the H-1B program for
    non-profit independent research organizations, the calculation
    shall take into account only employees at similar institutions
    and entities. Adopted 21-10.
            AYES                          NAYS
    Mr. Hyde                            Mr. Conyers
    Mr. Moorhead                        Mr. Frank
    Mr. Sensenbrenner                   Mr. Schumer
    Mr. McCollum                        Mr. Berman
    Mr. Coble                           Mr. Boucher
    Mr. Smith (TX)                      Mr. Bryant (TX)
    Mr. Schiff                          Mr. Reed
    Mr. Gallegly                        Mr. Nadler
    Mr. Canady                          Mr. Becerra
    Mr. Inglis                          Ms. Jackson Lee
    Mr. Goodlatte
    Mr. Buyer
    Mr. Hoke
    Mr. Bono
    Mr. Heineman
    Mr. Bryant (TN)
    Mr. Chabot
    Mr. Flanagan
    Mr. Barr
    Mrs. Schroeder
    Ms. Lofgren

        26. Amendment offered by Mr. Schumer limiting to 20 percent
    the number of H-1B immigrants that may be employed in any
    single employer's workforce. Defeated 8-18-1.120.
        \120\ Mr. Becerra voted ``present''.

            AYES                          NAYS
    Mrs. Schroeder                      Mr. Hyde
    Mr. Frank                           Mr. Moorhead
    Mr. Schumer                         Mr. Sensenbrenner
    Mr. Berman                          Mr. Smith (TX)
    Mr. Bryant (TX)                     Mr. Gallegly
    Mr. Reed                            Mr. Canady
    Mr. Nadler                          Mr. Inglis
    Mr. Watt                            Mr. Goodlatte
                                        Mr. Buyer
                                        Mr. Hoke
                                        Mr. Bono
                                        Mr. Heineman
                                        Mr. Bryant (TN)
                                        Mr. Chabot
                                        Mr. Flanagan
                                        Mr. Barr
                                        Mr. Serrano
                                        Ms. Lofgren

        27. An en bloc amendment offered by Ms. Lofgren to change
    the limitations in section 212(e) on the ability of
    participants in the Exchange Visitor Visa Program to apply for
    an immigrant visa. Defeated 10-15.
            AYES                          NAYS
    Mr. Goodlatte                       Mr. Hyde
    Mr. Conyers                         Mr. Moorhead
    Mr. Frank                           Mr. McCollum
    Mr. Berman                          Mr. Gekas
    Mr. Bryant (TX)                     Mr. Coble
    Mr. Reed                            Mr. Smith (TX)
    Mr. Watt                            Mr. Gallegly
    Mr. Becerra                         Mr. Canady
    Ms. Lofgren                         Mr. Inglis
    Ms. Jackson Lee                     Mr. Hoke
                                        Mr. Bono
                                        Mr. Heineman
                                        Mr. Chabot
                                        Mr. Flanagan
                                        Mr. Barr

        28. Amendment offered by Mr. Goodlatte to the amendment
    offered by Mr. Schumer to restore the diversity immigrant
    program, to limit the foreign states whose nationals would be
    eligible for the program. Defeated 14-15.
            AYES                          NAYS
    Mr. Moorhead                        Mr. Hyde
    Mr. Sensenbrenner                   Mr. McCollum
    Mr. Smith (TX)                      Mr. Hoke
    Mr. Canady                          Mr. Bono
    Mr. Inglis                          Mr. Chabot
    Mr. Goodlatte                       Mr. Flanagan
    Mr. Buyer                           Mr. Conyers
    Mr. Heineman                        Mrs. Schroeder
    Mr. Bryant (TN)                     Mr. Frank
    Mr. Barr                            Mr. Schumer
    Mr. Bryant (TX)                     Mr. Berman
    Mr. Watt                            Mr. Boucher
    Mr. Becerra                         Mr. Reed
    Ms. Lofgren                         Mr. Nadler
                                        Ms. Jackson Lee

        29. Amendment offered by Mr. Schumer, as amended by an
    amendment offered by Mr. Becerra and adopted by unanimous
    consent, to establish a diversity immigration program. Adopted
    18-11.
            AYES                          NAYS
    Mr. Hyde                            Mr. Moorhead
    Mr. McCollum                        Mr. Sensenbrenner
    Mr. Hoke                            Mr. Gekas
    Mr. Bono                            Mr. Smith (TX)
    Mr. Bryant (TN)                     Mr. Gallegly
    Mr. Flanagan                        Mr. Canady
    Mr. Barr                            Mr. Inglis
    Mr. Conyers                         Mr. Goodlatte
    Mr. Frank                           Mr. Buyer
    Mr. Schumer                         Mr. Heineman
    Mr. Berman                          Mr. Bryant (TX)
    Mr. Boucher
    Mr. Reed
    Mr. Nadler
    Mr. Watt
    Mr. Becerra
    Ms. Lofgren
    Ms. Jackson Lee

        30. Amendment offered by Mr. Becerra to limit actions that
    may be taken by an employer pending completion of the secondary
    verification process. Defeated 12-18.
            AYES                          NAYS
    Mr. Conyers                         Mr. Hyde
    Mrs. Schroeder                      Mr. Moorhead
    Mr. Frank                           Mr. Sensenbrenner
    Mr. Berman                          Mr. McCollum
    Mr. Boucher                         Mr. Gekas
    Mr. Bryant (TX)                     Mr. Coble
    Mr. Reed                            Mr. Smith (TX)
    Mr. Nadler                          Mr. Schiff
    Mr. Watt                            Mr. Gallegly
    Mr. Becerra                         Mr. Canady
    Ms. Lofgren                         Mr. Inglis
    Ms. Jackson Lee                     Mr. Goodlatte
                                        Mr. Buyer
                                        Mr. Bono
                                        Mr. Heineman
                                        Mr. Bryant (TN)
                                        Mr. Chabot
                                        Mr. Barr

        31. Amendment offered by Mr. Goodlatte to change the
    percentage threshold for H-1B dependent employers and to
    provide a transitional program for certain H-1B dependent
    employers to become H-1B non-dependent employers. Adopted 22-
    11.
            AYES                          NAYS
    Mr. Hyde                            Mr. Conyers
    Mr. Moorhead                        Mr. Frank
    Mr. Sensenbrenner                   Mr. Schumer
    Mr. McCollum                        Mr. Berman
    Mr. Gekas                           Mr. Boucher
    Mr. Coble                           Mr. Bryant (TX)
    Mr. Smith (TX)                      Mr. Reed
    Mr. Schiff                          Mr. Nadler
    Mr. Gallegly                        Mr. Watt
    Mr. Canady                          Mr. Becerra
    Mr. Inglis                          Ms. Jackson Lee
    Mr. Goodlatte
    Mr. Buyer
    Mr. Hoke
    Mr. Bono
    Mr. Heineman
    Mr. Bryant (TN)
    Mr. Chabot
    Mr. Flanagan
    Mr. Barr
    Mrs. Schroeder
    Ms. Lofgren

        32. A perfecting amendment offered by Mr. Smith of Texas to
    an amendment offered by Mr. Becerra Amendment regarding
    reimbursement of fees to petitioners for immigrants in the
    eliminated family-sponsored categories. Adopted 18-13.
            AYES                          NAYS
    Mr. Hyde                            Mr. Heineman
    Mr. Moorhead                        Mr. Flanagan
    Mr. Sensenbrenner                   Mr. Conyers
    Mr. McCollum                        Mrs. Schroeder
    Mr. Gekas                           Mr. Schumer
    Mr. Coble                           Mr. Berman
    Mr. Smith (TX)                      Mr. Boucher
    Mr. Gallegly                        Mr. Reed
    Mr. Canady                          Mr. Nadler
    Mr. Inglis                          Mr. Watt
    Mr. Goodlatte                       Mr. Becerra
    Mr. Buyer                           Ms. Lofgren
    Mr. Hoke                            Ms. Jackson Lee
    Mr. Bono
    Mr. Bryant (TN)
    Mr. Chabot
    Mr. Barr
    Mr. Bryant (TX)

        33. Amendment offered by Mr. Reed excluding from entry
    persons who renounce U.S. citizenship to avoid paying taxes.
    Adopted 25-5.
            AYES                          NAYS
    Mr. Hyde                            Mr. Moorhead
    Mr. Sensenbrenner                   Mr. McCollum
    Mr. Schiff                          Mr. Gekas
    Mr. Gallegly                        Mr. Coble
    Mr. Canady                          Mr. Smith (TX)
    Mr. Inglis
    Mr. Goodlatte
    Mr. Buyer
    Mr. Bono
    Mr. Heineman
    Mr. Bryant (TN)
    Mr. Chabot
    Mr. Flanagan
    Mr. Barr
    Mr. Conyers
    Mrs. Schroeder
    Mr. Schumer
    Mr. Berman
    Mr. Bryant (TX)
    Mr. Reed
    Mr. Nadler
    Mr. Watt
    Mr. Becerra
    Ms. Lofgren
    Ms. Jackson Lee

        34. Amendment offered by Mr. Gallegly providing that
    payments of public assistance benefits only be made to
    individuals who are personally eligible to receive such
    benefits. Adopted 16-11.
            AYES                          NAYS
    Mr. Hyde                            Mr. Moorhead
    Mr. Gekas                           Mr. Conyers
    Mr. Coble                           Mrs. Schroeder
    Mr. Smith (TX)                      Mr. Berman
    Mr. Schiff                          Mr. Bryant (TX)
    Mr. Gallegly                        Mr. Nadler
    Mr. Canady                          Mr. Scott
    Mr. Inglis                          Mr. Watt
    Mr. Goodlatte                       Mr. Becerra
    Mr. Buyer                           Ms. Lofgren
    Mr. Bono                            Ms. Jackson Lee
    Mr. Heineman
    Mr. Bryant (TN)
    Mr. Chabot
    Mr. Flanagan
    Mr. Barr

        35. Amendment offered by Mr. Becerra to provide for a study
    to examine the cost to small businesses for participation in
    the employment eligibility verification system. Defeated 11-19.
            AYES                          NAYS
    Mr. Inglis                          Mr. Hyde
    Mr. Chabot                          Mr. Moorhead
    Mr. Flanagan                        Mr. Sensenbrenner
    Mr. Conyers                         Mr. Gekas
    Mr. Reed                            Mr. Coble
    Mr. Nadler                          Mr. Smith (TX)
    Mr. Scott                           Mr. Schiff
    Mr. Watt                            Mr. Gallegly
    Mr. Becerra                         Mr. Canady
    Ms. Lofgren                         Mr. Goodlatte
    Ms. Jackson Lee                     Mr. Buyer
                                        Mr. Bono
                                        Mr. Heineman
                                        Mr. Bryant (TN)
                                        Mr. Barr
                                        Mr. Schumer
                                        Mr. Berman
                                        Mr. Boucher
                                        Mr. Bryant (TX)

        36. Amendment offered by Mr. Berman regarding employer
    responsibility in case of H-1B employees. Defeated 11-17.
            AYES                          NAYS
    Mrs. Schroeder                      Mr. Hyde
    Mr. Frank                           Mr. Moorhead
    Mr. Berman                          Mr. Sensenbrenner
    Mr. Boucher                         Mr. McCollum
    Mr. Bryant (TX)                     Mr. Coble
    Mr. Reed                            Mr. Smith (TX)
    Mr. Nadler                          Mr. Schiff
    Mr. Scott                           Mr. Gallegly
    Mr. Watt                            Mr. Canady
    Mr. Becerra                         Mr. Inglis
    Ms. Jackson Lee                     Mr. Goodlatte
                                        Mr. Buyer
                                        Mr. Bono
                                        Mr. Heineman
                                        Mr. Bryant (TN)
                                        Mr. Chabot
                                        Mr. Flanagan

        37. An amendment offered by Ms. Jackson Lee providing for
    an exemption from expedited removal for persons fleeing a
    country where there is civil strife, or other, temporary unsafe
    conditions, or where the Secretary of State has not certified
    that human rights violations do not occur. Defeated 10-22.
            AYES                          NAYS
    Mr. Conyers                         Mr. Hyde
    Mrs. Schroeder                      Mr. Moorhead
    Mr. Frank                           Mr. Sensenbrenner
    Mr. Berman                          Mr. McCollum
    Mr. Nadler                          Mr. Coble
    Mr. Scott                           Mr. Smith (TX)
    Mr. Watt                            Mr. Schiff
    Mr. Becerra                         Mr. Gallegly
    Ms. Lofgren                         Mr. Canady
    Ms. Jackson Lee                     Mr. Inglis
                                        Mr. Goodlatte
                                        Mr. Buyer
                                        Mr. Bono
                                        Mr. Heineman
                                        Mr. Bryant (TN)
                                        Mr. Chabot
                                        Mr. Flanagan
                                        Mr. Barr
                                        Mr. Schumer
                                        Mr. Boucher
                                        Mr. Bryant (TX)
                                        Mr. Reed

        38. An amendment offered by Mr. Berman to provide visas for
    eliminated family preference categories whose priority date
    falls within 2 years of the bill's effective date. Defeated 15-
    18.
            AYES                          NAYS
    Mr. Schiff                          Mr. Hyde
    Mr. Chabot                          Mr. Moorhead
    Mr. Flanagan                        Mr. Sensenbrenner
    Mr. Conyers                         Mr. McCollum
    Mrs. Schroeder                      Mr. Gekas
    Mr. Frank                           Mr. Coble
    Mr. Schumer                         Mr. Smith (TX)
    Mr. Berman                          Mr. Gallegly
    Mr. Reed                            Mr. Canady
    Mr. Nadler                          Mr. Inglis
    Mr. Scott                           Mr. Goodlatte
    Mr. Watt                            Mr. Buyer
    Mr. Becerra                         Mr. Bono
    Ms. Lofgren                         Mr. Heineman
    Ms. Jackson Lee                     Mr. Bryant (TN)
                                        Mr. Barr
                                        Mr. Boucher
                                        Mr. Bryant (TX)

        39. An amendment offered by Mr. Becerra to decrease the
    level of annual income required by a sponsor from 200 percent
    to 150 percent of the poverty level. Defeated 6-14.
            AYES                          NAYS
    Mr. Conyers                         Mr. Hyde
    Mr. Frank                           Mr. Moorhead
    Mr. Berman                          Mr. Sensenbrenner
    Mr. Watt                            Mr. Gekas
    Mr. Becerra                         Mr. Coble
    Ms. Lofgren                         Mr. Smith (TX)
                                        Mr. Schiff
                                        Mr. Inglis
                                        Mr. Buyer
                                        Mr. Hoke
                                        Mr. Bono
                                        Mr. Heineman
                                        Mr. Bryant (TN)
                                        Mr. Boucher

        40. Vote on Final Passage: Adopted 23-10.
            AYES                          NAYS
    Mr. Hyde                            Mr. Conyers
    Mr. Moorhead                        Mrs. Schroeder
    Mr. Sensenbrenner                   Mr. Frank
    Mr. McCollum                        Mr. Schumer
    Mr. Gekas                           Mr. Berman
    Mr. Coble                           Mr. Nadler
    Mr. Smith (TX)                      Mr. Scott
    Mr. Schiff                          Mr. Watt
    Mr. Gallegly                        Mr. Becerra
    Mr. Canady                          Ms. Lofgren
    Mr. Inglis
    Mr. Goodlatte
    Mr. Buyer
    Mr. Hoke
    Mr. Bono
    Mr. Heineman
    Mr. Bryant (TN)
    Mr. Chabot
    Mr. Flanagan
    Mr. Barr
    Mr. Boucher
    Mr. Bryant (TX)
    Mr. Reed

                          Committee Oversight Findings

        In compliance with clause 2(l)(3)(A) of rule XI of the
    Rules of the House of Representatives, the Committee reports
    that the findings and recommendations of the Committee, based
    on oversight activities under clause 2(b)(1) of rule X of the
    Rules of the House of Representatives, are incorporated in the
    descriptive portions of this report.

             Committee on Government Reform and Oversight Findings

        No findings or recommendations of the Committee on
    Government Reform and Oversight were received as referred to in
    clause 2(l)(3)(D) of rule XI of the Rules of the House of
    Representatives.

                   New Budget Authority and Tax Expenditures

        Clause 2(l)(3)(B) of House Rule XI is inapplicable because
    this legislation does not provide new budgetary authority or
    increased tax expenditures.

                   Congressional Budget Office Cost Estimate

        In compliance with clause 2(l)(3)(C) of rule XI of the
    Rules of the House of Representatives, the Committee sets
    forth, with respect to the bill, H.R. 2202, the following
    estimate and comparison prepared by the Director of the
    Congressional Budget Office under section 403 of the
    Congressional Budget Act of 1974:

                                         U.S. Congress,
                                   Congressional Budget Office,
                                         Washington, DC, March 4, 1996.
    Hon. Henry J. Hyde,
    Chairman, Committee on the Judiciary,
    House of Representatives, Washington, DC.
        Dear Mr. Chairman: The Congressional Budget Office has
    prepared the enclosed cost estimate for H.R. 2202, the
    Immigration and the National Interest Act of 1995. Because
    enactment of the bill would affect direct spending, pay-as-you-
    go procedures would apply.
        If you wish further details on this estimate, we will be
    pleased to provide them.
                Sincerely,
                                             June E. O'Neill, Director.
        Enclosure.
        1. Bill number: H.R. 2202.
        2. Bill Title: Immigration in the National Interest Act of
    1995.
        3. Bill status: As ordered reported by the House Committee
    on the Judiciary on October 24, 1995.
        4. Bill purpose: H.R. 2202 would make many changes and
    additions to federal laws relating to immigration. Provisions
    having a potentially significant budgetary impact are
    highlighted below.
        Title I would:
              specify that the number of Immigration and
            Naturalization (INS) border patrol agents would be
            increased by 1,000 in each of the fiscal years 1996
            through 2000 relative to the number as of September 30,
            1995; in addition, the number of full-time support
            positions for border patrol agents would be increased
            by 800;
              authorize appropriations of $12 million for
            improvements in barriers along the U.S.-Mexico border;
              require that border crossing identification cards
            include a biometric identifier (such as a fingerprint)
            that is machine-readable;
              direct the Attorney General to train border patrol
            personnel on the rights and various cultural
            backgrounds of aliens and U.S. citizens;
              establish several pilot programs relating to
            inadmissible or deportable aliens; and
              direct the Attorney General to deploy enough INS
            investigators and enforcement personnel in the interior
            of the United States to properly investigate and
            enforce immigration laws.
        Title II would:
              increase by 25 the number of Assistant United States
            Attorneys that may be employed by the Department of
            Justice for fiscal year 1996; and
              provide for new and increased penalties for a number
            of crimes related to immigration.
        Title III would:
              permit the Attorney General to reemploy up to 300
            federal retirees for as long as two years to support
            the Institutional Hearing Program;
              direct the Attorney General to increase the detention
            facilities of the INS to at least 9,000 beds by fiscal
            year 1997;
              authorize appropriations of $5 million annually for
            the INS and $150 million annually for the Attorney
            General, beginning in fiscal year 1996, for costs
            related to detention and removal of aliens;
              provide for an increase in pay for immigration
            judges;
              establish in the general fund of the Treasury an
            Immigration Enforcement Account, and
              provide for new and increased penalties for a number
            of crimes related to immigration.
        Title IV would:
              direct the INS to increase the number of positions in
            the Investigations Division by 350 above the number of
            such positions available as of September 30, 1994;
              direct the Department of Labor (DOL) to increase the
            number of full-time equivalent positions in the Wage
            and Hour Division of the Employment Standards
            Administration by 150 above the number of such
            positions available as of September 30, 1994; and
              direct the Attorney General to devise a system, such
            as a toll-free telephone line or other electronic
            media, by which employers could confirm the eligibility
            of prospective employees. This system would be
            implemented via pilot projects in five states through
            the end of fiscal year 1999; continuation of the
            projects would be subject to Congressional action.
        Title V would:
              reduce the number of legal immigrants allowed to
            enter the United States each year;
              set a statutory cap on the number of refugees
            admitted into the United States;
              permit the Attorney General to reemploy up to 300
            federal retirees for as long as two years to reduce the
            backlog in asylum applications;
              direct the Attorney General to increase the number of
            INS asylum officers to at least 600 by fiscal year
            1997; and
              require the Attorney General, subject to the
            availability of appropriations, to reimburse visa
            application fees paid by petitioners for family-
            sponsored immigrant categories that are eliminated by
            this bill before the petitioner receives the visa.
        Title VI would affect various benefit programs. It would:
              curtail the eligibility of non-legal aliens,
            including those permanently residing under color of law
            (PRUCOL), in the narrow instances where they are now
            eligible for federal benefits;
              put sponsors of future immigrants on notice that they
            are expected to support them for a longer period than
            current law provides, by extending the period in which
            a sponsor's income is presumed or deemed to be
            available to the alien and by making affidavits of
            support legally enforceable;
              deny the earned income tax credit to individuals not
            authorized to be employed in the United States; and
              change federal coverage of emergency Medicaid
            services for illegal aliens.
        Title VII would:
              direct the Attorney General and the Secretary of the
            Treasury to increase the number of land border
            inspectors in fiscal years 1996 and 1997 to assure full
            staffing during peak border crossing hours; and
              direct the Attorney General, within two years of
            enactment of this bill, to establish preinspection
            stations in at least five of the foreign airports that
            serve as departure points for the greatest number of
            air passengers traveling to the U.S. In addition, this
            title would direct the Attorney General, within four
            years of enactment, to establish preinspection stations
            in at least five foreign airports that would most
            effectively reduce the number of aliens who arrive by
            air without valid documentation.
        5. Estimated cost to the Federal Government: Assuring
    appropriation of the entire amounts authorized, enacting H.R.
    2202 would increase discretionary spending over fiscal years
    1996 through 2002 by a total of about $5 billion. Several
    provisions of H.R. 2202, mainly those in Title VI affecting
    benefit programs, would result in changes to mandatory spending
    and federal revenues. CBO estimates that the changes in
    mandatory spending would reduce outlays by about $6 billion
    over the 1996-2002 period, and that revenues would increase by
    about $80 million over the same period. The estimated budgetary
    effects of the legislation are summarized in Table 1. Table 2
    shows projected outlays for direct spending programs under
    current law, the changes that would stem from the bill, and the
    projected outlays for each program if the bill were enacted.

                                   TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF H.R. 2202
                                        [By fiscal years, in millions of dollars]
    ----------------------------------------------------------------------------------------------------------------
                                                  1996      1997      1998      1999      2000      2001      2002
    ----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATIONS ACTION

    Authorizations:
        Estimated authorization level.........       129       699       774       856       960       978       996
        Estimated outlays.....................         0       532       637       940       994       956       976

                                             MANDATORY SPENDING AND RECEIPTS

    Direct Spending:
        Estimated budget authority............         0      -230      -428      -684    -1,020    -1,397    -2,057
        Estimated outlays.....................         0      -230      -428      -684    -1,020    -1,397    -2,057
        Estimated Revenues....................         0        14        13        12        13        13        13
    ----------------------------------------------------------------------------------------------------------------

        The costs of this bill fall within budget functions 550,
    600, 750, and 950.

                                              TABLE 2.--ESTIMATED EFFECTS OF H.R. 2202 ON DIRECT SPENDING PROGRAMS
                                                            [By fiscal years, in millions of dollars]
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          1995         1996         1997         1998         1999         2000         2001         2002
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              PROJECTED SPENDING UNDER CURRENT LAW

    Supplemental Security Income....................       24,509       24,497       29,894       32,967       36,058       42,612       39,287       46,511
    Food Stamps \1\.................................       25,554       26,935       28,620       30,164       31,706       33,406       35,035       36,603
    Family Support Payments \2\.....................       18,086       18,544       19,048       19,534       20,132       20,793       21,477       22,184
    Medicaid........................................       89,070       99,292      110,021      122,060      134,827      148,110      162,590      177,786
    Earned Income Tax Credit (outlay portion).......       15,244       20,392       22,904       23,880       24,938       25,982       26,794       27,546
    Receipts of Employer Contributions..............      -27,960      -27,365      -28,081      -28,907      -29,621      -30,938      -32,428      -33,910
                                                     -------------------------------------------------------------------------------------------------------
          Total.....................................      144,503      162,295      182,406      199,698      218,040      239,965      252,755      276,720
                                                     =======================================================================================================
                                                                        PROPOSED CHANGES
    Supplemental Security Income....................  ...........            0          -10          -80         -160         -260         -370         -670
    Food Stamps \1\.................................  ...........            0            0          -15          -45         -100         -170         -250
    Family Support Payments \2\.....................  ...........            0           -1          -13          -23          -48          -63          -78
    Medicaid........................................  ...........            0           -5         -110         -240         -390         -570         -830
    Earned Income Tax Credit (outlay portion).......  ...........            0         -216         -214         -218         -222         -224         -229
    Receipts of Employer Contributions..............  ...........            0            2            4            2            0            0            0
                                                     -------------------------------------------------------------------------------------------------------
          Total.....................................  ...........            0         -230         -428         -684       -1,020       -1,397       -2,057
                                                     =======================================================================================================

                                                               PROJECTED SPENDING UNDER H.R. 2202

    Supplemental Security Income....................       24,509       24,497       29,884       32,887       35,898       42,352       38,917       45,841
    Food Stamps \1\.................................       22,554       26,935       28,620       30,149       31,661       33,306       34,865       36,353
    Family Support Payments \2\.....................       18,086       18,544       19,047       19,521       20,109       20,745       21,414       22,106
    Medicaid........................................       89,070       99,292      110,016      121,950      134,587      147,720      162,020      176,956
    Earned Income Tax Credit (outlay portion).......       15,244       20,392       22,688       23,666       24,720       25,760       26,570       27,317
    Receipts of Employer Contributions..............      -27,960      -27,365      -28,079      -28,903      -29,619      -30,938      -32,428      -33,910
                                                     -------------------------------------------------------------------------------------------------------
          Total.....................................      144,503      162,295      182,176      199,270      217,356      238,945      251,358      274,663
    Changes to revenues.............................  ...........            0           14           13           12           13           13           13
    Net deficit effect..............................  ...........            0         -244         -441         -696       -1,033       -1,410      -2,070
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    \1\ Food Stamps includes Nutrition Assistance for Puerto Rico. Spending under current law includes the provisions of the fiscal year 1996 Agriculture
      appropriations.
    \2\ Family Support Payments includes spending on Aid to Families with Dependent Children (AFDC), AFDC related child care, administrative costs for child
      support enforcement, net federal savings from child support collections, and the Job Opportunities and Basic Skills Training program (JOBS).

    Notes.--Assumes enactment date of August 1, 1996. Estimates will change with later effective date. Details may not add to totals because of rounding.

        6. Basis of Estimate: For purposes of this estimate, CBO
    assumes that H.R. 2202 will be enacted by August 1, 1996.

    Spending subject to appropriations

        The following estimates assume that all specific amounts
    authorized by the bill would be appropriated for each fiscal
    year. For programs in the bill for which authorizations are not
    specified, or for programs whose specific authorizations do not
    provide sufficient funding, CBO estimated the cost based on
    information from the agencies involved. We assumed that few of
    the bill's programs would be implemented until fiscal year
    1997. (Hence, we estimate that outlays in 1996 would not be
    affected by enactment.) Estimated outlays, beginning in 1997,
    are based on historical rates for these or similar activities.
        The provisions in this bill that affect discretionary
    spending would increase costs to the federal government by the
    amounts shown in Table 3, assuming appropriation of the
    necessary funds. In many cases, the bill authorizes funding for
    programs already authorized in the violent Crime Control and
    Law Enforcement Act of 1994 (1994 crime bill) or already funded
    by fiscal year 1996 appropriations action. For example, the
    additional border patrol agents and support personnel in Title
    I already were authorized in the 1994 crime bill through fiscal
    year 1998. For such provisions, the amounts shown in Table 3
    reflect only the cost above funding authorized in current law.
        In the most recent continuing resolution enacted for fiscal
    year 1996, appropriations for the Department of Justice total
    about $14 billion, of which about $1.7 billion is for the INS.

                                   TABLE 3.--SPENDING SUBJECT TO APPROPRIATIONS ACTION
                                        [By fiscal years, in millions of dollars]
    ----------------------------------------------------------------------------------------------------------------
                                                               1996    1997    1998    1999    2000    2001    2002
    ----------------------------------------------------------------------------------------------------------------
    Estimated authorization levels:
        Title I:
            Additional border patrol agents.................       0  ......  ......     116     119     123     127
            Barrier improvements............................       0      20  ......  ......  ......  ......  ......
            Improved identification cards...................       0      34      34      34  ......  ......  ......
            Border patrol training..........................  ......       0       3  ......  ......  ......  ......
            Pilot programs..................................       0       1  ......  ......  ......  ......  ......
            Increased interior enforcement..................       0     130     260     390     520     530     540
        Title II:
            Additional U.S. Attorneys.......................       0       8       8       8       8       8       8
        Title III:
            Increased detention facilities..................       0     199     220      50      52      53      55
            Detention and removal of aliens \1\.............     129     155     155     155     155     155     155
            Pay raise for immigration judges................       0       1       1       1       1       1       1
        Title IV:
            Additional INS investigators....................       0      11      11      11      12      12      12
            Additional DOL employees........................       0      12      12      13      13      14      14
            Work eligibility pilot program..................       0   (\2\)   (\2\)   (\2\)  ......  ......  ......
        Title V:
            Additional asylum officers......................       0      34      34      35      36      37      38
            Visa reimbursement..............................       0      55  ......  ......  ......  ......  ......
        Title VII:
            Additional land border inspectors...............       0      36      39      43      44      45      46
                                                             -------------------------------------------------------
              Total.........................................     129     699     774     856     960     978     996
    Estimated outlays.......................................       0     532     637     940     994     956     976
    ----------------------------------------------------------------------------------------------------------------
    \1\ Amounts for this provision are specified in the bill. The amount authorized for fiscal year 1996 was reduced
      to reflect $26 million in appropriations already provided.
    \2\ Less than $500,000.

    Revenues and direct spending

        Table 4 details estimated changes in revenues and direct
    spending. The most significant changes in direct spending would
    result from provisions contained in Title VI of the bill, in
    particular, from the provisions changing benefits conferred
    through the Supplemental Security Income program, Medicaid, and
    the Earned Income Tax Credit.

                                    TABLE 4.--CHANGES IN REVENUES AND DIRECT SPENDING
                                        [By fiscal years, in millions of dollars]
    ----------------------------------------------------------------------------------------------------------------
                                                  1996      1997      1998      1999      2000      2001      2002
    ----------------------------------------------------------------------------------------------------------------
    Revenues:
        New Criminal Fines and Forfeiture.....         0     (\1\)     (\1\)     (\1\)     (\1\)     (\1\)     (\1\)
        Earned Income Tax Credit..............         0        14        13        12        13        13        13
                                               ---------------------------------------------------------------------
          Total Revenus.......................         0        14        13        12        13        13        13
                                               =====================================================================
    Direct Spending:
        New Criminal Fines and Forfeiture.....         0     (\1\)     (\1\)     (\1\)     (\1\)     (\1\)     (\1\)
        Immigration Enforcement Account.......         0     (\1\)     (\1\)     (\1\)     (\1\)     (\1\)     (\1\)
        Supplemental Security Income..........         0       -10       -80      -160      -260      -370      -670
        Food Stamps...........................         0         0       -15       -45      -100      -170      -250
        Family Support........................         0        -1       -13       -23       -48       -63       -78
        Medicaid..............................         0        -5      -110      -240      -390      -570      -830
        Earned Income Tax Credit..............         0      -216      -214      -218      -222      -224      -229
        Federal Employee Retirement...........         0         2         4         2         0         0         0
                                               ---------------------------------------------------------------------
          Total Direct SApending..............         0      -230      -428      -684    -1,020    -1,397    -2,057
    ----------------------------------------------------------------------------------------------------------------
    \1\ Less than $500,000.

        Fines.--The imposition of new and enhanced civil and
    criminal fines in H.R. 2202 could cause governmental receipts
    to increase, but CBO estimates that any such increase would be
    less than $500,000 annually, civil fines would be deposited
    into the general fund of the Treasury. Criminal fines would be
    deposited in the Crime Victims Fund and would be spent in the
    following year. Thus, direct spending from the fund would match
    the increase in revenues with a one-year lag.
        Forfeiture.--A new forfeiture provision in H.R. 2202 could
    lead to more assets seized and forfeited to the United States,
    but CBO estimates that any such increase would be less than
    $500,000 annually in value. Proceeds from the sale of any such
    assets would be deposited as revenues into the Assets
    Forfeiture Fund of the Department of Justice and spent out of
    that fund in the same year. Thus, direct spending from the
    Assets Forfeiture fund would match any increase in revenues.
        Immigration enforcement account.--The creation of an
    immigration enforcement account in Title III would affect both
    direct spending and receipts. Currently, civil fines collected
    from violations of certain immigration laws are classified as
    revenues for budgetary purposes and deposited into the general
    fund of the Treasury. H.R. 2202 would deposit these collections
    as offsetting receipts into the immigration enforcement account
    and would spend them out of that fund. Thus, direct spending
    would increase, but this increase would be less than $500,000
    annually.
        Legal immigration reform.--H.R. 2202 would reduce legal
    immigration levels by roughly 100,000 entries annually. By law,
    the costs incurred by INS to oversee legal immigration are
    covered by fees it charges, so there is no net impact on the
    federal budget. Reducing legal immigration would decrease the
    fees collected by INS, so the agency would have to reduce its
    costs accordingly, mainly by cutting personnel. INS would
    attempt to maintain a balance between fee collections and
    costs, as it does now. Over time, any imbalance would be
    corrected to achieve a net budgetary impact of zero.
        Preinspection stations.--Based on information from INS, CBO
    estimates that the costs to establish and maintain the first
    five preinspection stations would reach about $40 million
    annually, with similar costs for the second five stations.
    However, as required by law, costs of this sort would be
    covered by increased INS user fees charged to passengers
    entering the United States. Such fees would be recorded as
    offsetting receipts, and additional spending by the INS would
    be considered direct spending. Thus, there would be no net
    budgetary impact from any additional preinspection stations.
        Supplemental security income.--The SSI program pays
    benefits to low-income people with few assets who are aged 65
    or older or disabled. According to tabulations by the
    Congressional Research Service (CRS), the SSI program for the
    aged is the major benefit program with the sharpest contrast in
    participation between noncitizens and citizens. The CRS
    reported that nearly one-quarter of aliens over the age of 65
    receive SSI, versus about 4 percent of citizens. The Social
    Security Administration states that about 700,000 legal aliens
    collect SSI (although some unknown fraction of those ``aliens''
    are really naturalized citizens, whose change in status is not
    reflected in program records). About three-quarters of alien
    SSI recipients are immigrants legally admitted for permanent
    residence, who must serve out a waiting period during which
    their sponsor's income is ``deemed'' to them before they can go
    on the program. That waiting period was temporarily lengthened
    to 5 years in 1994 but is slated to return to 3 years in
    October 1996. The other one-quarter of alien recipients of SSI
    are refugees, asylees, and PRUCOLs.
        H.R. 2202 would have little effect on the eligibility for
    SSI or other benefits of legal immigrants who are already in
    the U.S., because the bill would not direct the agencies
    administering these programs to make any changes in the way
    they treat aliens who were legally admitted for permanent
    residence before the bill's enactment. Any effect on such
    aliens would be indirect. The bill would amend the ``public
    charge'' section of the Immigration and Nationality Act to
    state that anyone who collected certain benefits within 7 years
    of arrival could be deported, and names the programs in which
    participation would brand the alien a public charge. No
    benefits received before the date of enactment would count
    against the 7-year ban. Nor would benefits paid for certain
    reasons arising after entry--such as the death or disability of
    a breadwinner--count. A public charge ban (for 5, not 7 years
    after the alien's entry) is already on the books, but is hardly
    ever enforced through deportation. The ban apparently has not
    acted as a major deterrent to many aliens' participation in
    public assistance programs. CBO does not rule out that the
    proposed ``public charge'' language might make some aliens who
    are already here fearful of collecting benefits, but views such
    psychological effects as a tenuous basis for budget estimates.
        For future entrants, though, the bill has real teeth. The
    bill's principal effect on the SSI program would be the
    proposed lengthening of the deeming period for future entrants.
    H.R. 2202 would require the government to draft a new affidavit
    of support explicitly telling sponsors that they are liable for
    any public assistance benefits provided to the alien.
    Furthermore, for immigrants covered by such affidavits, the
    deeming period would last until naturalization (if the
    immigrant was admitted as a parent of a citizen or legal
    resident) or for at least 7 years (if admitted in another
    category). CBO assumes that the new forms would be in place by
    early 1997 and that significant savings would begin in 2000--
    when that first group of entrants would otherwise have
    graduated from the 3-year deeming period under current law.
    Small savings would occur before 2000, because the bill would
    make two other changes in the way deeming now operates in the
    SSI program--specifically, by requiring that all income of the
    sponsor and spouse be deemed, instead of only a portion of it,
    and by repealing the exemption from deeming for aliens who
    become disabled after their arrival.
        Because the stiffer deeming rules would make little
    difference in the near term, they account for just half of the
    estimated savings of $1.6 billion in SSI over the entire 1996-
    2000 period; nevertheless, they contribute two-thirds of the
    estimated savings in fiscal year 2002. H.R. 2202 also proposes
    to shave the number of overall immigrant admissions, and would
    explicitly limit the number of parents of citizens or legal
    residents who may enter the country. Since deeming has proven
    to be a quite powerful tool in the SSI program, the proposed
    cutback in admissions is largely immaterial to CBO's estimate;
    from a dollar standpoint, it matters little whether immigrants
    can get into the country but are then barred from SSI, or
    whether they cannot get into the country in the first place.
        Two other provisions of the bill would generate the
    remaining savings in SSI. First, H.R. 2202 would eliminate
    eligibility for SSI benefits of aliens permanently residing
    under color of law. That label covers such disparate groups as
    parolees, aliens who are granted a stay of deportation, and
    others with various legal statuses. PRUCOLs currently make up
    about 5 percent of aliens on the SSI rolls. CBO assumes that
    some would successfully seek to have their classification
    changed to another category (such as refugee or asylee) that
    would protect their SSI benefits. The remainder, though, would
    be barred from the program, generating savings of about $0.5
    billion over 7 years.
        The second provision would set a statutory ceiling on a
    number of refugee admissions, removing that prerogative from
    the President. The bill would limit refugee admissions to
    75,000 in 1997 and 50,000 a year thereafter. It is impossible
    to say how many refugees would be admitted if current policy
    remained unchanged, since the ceiling is announced by the
    President annually and is affected by geopolitical conditions.
    For this estimate, CBO assumed that, under current policy,
    refugee admissions would drop from 90,000 in fiscal year 1996
    (the ceiling announced by the President) to 75,000 in 1997 and
    beyond. Compared with that path, H.R. 2202 would require a
    reduction of 25,000 refugee admissions a year after 1997.
    Refugees often arrive with little or no money, poor English,
    and limited prospects for employment, so it is not surprising
    that they tend to rely on welfare at first. Tabulations by the
    Office of Refugee Resettlement in the Department of Health and
    Human Services indicate that, of refugees who arrived in the
    past 5 years, about 7 percent are on SSI, 24 percent on Aid to
    Families with Dependent Children (AFDC), and 60 percent on food
    stamps. Based on that pattern, CBO estimates that the limits on
    refugee admissions in H.R. 2202 would lead to savings in the
    SSI program of $0.1 billion over the 1998-2002 period.
        Food stamps.--The estimated savings in the Food Stamp
    program--$0.6 billion over 7 years--are considerably smaller
    than those in SSI but have essentially the same explanations.
    The Food Stamp program imposes a 3-year deeming period.
    Therefore, lengthening the deeming period (to at least 7 years
    for most future entrants and even longer for some) would save
    money in food stamps beginning in 2000. Restrictions on the
    number of legal entrants and particularly of refugees admitted
    into the country account for the rest of the savings. The Food
    Stamp program already denies benefits to most PRUCOLs, so no
    additional savings are estimated from that source.
        Statistics compiled by CRS suggest that about 16 percent of
    noncitizens live in households that receive food stamps, not so
    sharply different from the 12 percent participation rate of
    citizens. Other data on them, though, are sketchier than data
    on aliens in the SSI program. For example, CBO lacks
    information on how long aliens (other than refugees) are in the
    country before going on food stamps, why they file for
    benefits, and how many of them have financial sponsors--
    information that would have helped greatly in estimating the
    effects of H.R. 2202.
        Family support.--H.R. 2202 would lead to small savings in
    the AFDC program--again, from essentially the same provisions
    that would generate savings in SSI and food stamps. CRS
    tabulations show that noncitizens are only slightly more likely
    than citizens to participate in the AFDC program (6 percent of
    noncitizens, versus 5 percent of citizens). Often, the
    household consists of a noncitizen parent and a citizen child
    or children--in which case H.R. 2202 would directly affect only
    the parent's eligibility. As for food stamps, information on
    sponsorship, length of time in the country, and reason for
    participation by aliens in AFDC is scanty.
        The AFDC program already deems income from sponsors to
    aliens for three years after the alien's arrival. H.R. 2202
    would lengthen that period to 7 years in most cases. The $0.2
    billion in total savings over the 1997-2002 period would stem
    from lengthening the deeming period, restricting the number of
    admissions of immigrants and refugees, and ending the
    eligibility of PRUCOLs for AFDC benefits.
        Medicaid.--H.R. 2202 would erect several barriers to
    Medicaid eligibility for future entrants into this country. In
    most cases, AFDC or SSI eligibility carries Medicaid
    eligibility along with it. By restricting aliens' access to
    those two cash programs, H.R. 2202 would generate savings in
    Medicaid. Medicaid now has no deeming requirement at all; that
    is, program administrators do not consider a sponsor's income
    when they gauge the alien's eligibility for benefits.
    Therefore, it is possible for a sponsored alien to qualify for
    Medicaid even before he or she has satisfied the SSI waiting
    period. H.R. 2202 would change that by requiring that every
    means-tested program weigh the income of a sponsor who signed
    one of the new, legally enforceable affidavits of support.
    Under current law, PRUCOLs are specifically eligible for
    Medicaid; H.R. 2202 would make them ineligible.
        Finally, H.R. 2202 would bar immigration by parents of
    citizens and legal residents unless a sponsor could document
    that the parent would be covered by a private insurance policy
    that provides coverage similar to Medicare plus long-term care
    protection equivalent to Medicaid. Such coverage would be
    extremely expensive if it even exists. That requirement was not
    critical to CBO's estimate of Medicaid savings in H.R. 2202,
    because CBO judged that the other SSI provisions and the
    deeming requirements would effectively bar most elderly
    entrants from the Medicaid program over the 1997-2002 period.
    The estimate assumes that the new, legally enforceable
    affidavits will be in place by early 1997. If that assumed
    timetable were to slip, perhaps because of the sheer difficulty
    of crafting acceptable criteria for insurance coverage,
    estimates of savings in other programs that also hinge on the
    new affidavits could also slip. If enforced stringently, the
    insurance requirement could effectively forbid immigration of
    all except the wealthiest parents of U.S. residents.
        CBO estimated the savings in Medicaid by first estimating
    the number of aliens who would be barred from the SSI and AFDC
    programs by other provisions of H.R. 2202. CBO then added
    another group--dubbed ``noncash beneficiaries'' in Medicaid
    parlance because they participate in neither of the two cash
    programs. CBO assumed that the noncash participants who would
    be affected by H.R. 2202 essentially fall into two groups. One
    is the group of elderly (and less importantly, disabled) aliens
    who enter in 1997 and beyond and who could, under current law,
    seek Medicaid even before they satisfied the 3-year wait for
    SSI, the second is poor children and pregnant women who could,
    under current law, qualify for Medicaid even if they do not get
    AFDC. CBO then multiplied the assumed number of aliens affected
    times an average Medicaid cost appropriate for their group.
    That average cost is significantly higher for an aged or
    disabled person than for a younger mother or child. In
    selecting an average cost, CBO took into account the fact that
    relatively few aged or disabled aliens receive expensive long-
    term care in Medicaid-covered institutions, but that on the
    other hand few are eligible for Medicare as their primary
    payer. The resulting estimate of Medicaid savings was then
    trimmed by 25 percent to reflect the fact that--if the aliens
    in question were barred from regular Medicaid--the federal
    government would likely end up paying more in reimbursements
    for emergency care and for uncompensated care. The resulting
    savings in Medicaid would be negligible at first but would
    reach an estimated $0.8 billion by 2002, totaling $2.1 billion
    over the 1997-2002 period.
        One of the few benefits for which illegal aliens now
    qualify is emergency Medicaid under section 1903(v) of the
    Social Security Act. H.R. 2202 contains a provision that is
    apparently intended to make the federal government responsible
    for the entire cost of emergency Medicaid services, instead of
    splitting the cost with states as under the current matching
    requirements. However, the drafting of the provision leaves
    several legal and practical issues dangling. H.R. 2202 would
    not repeal the current provision in section 1903(v). It also
    orders the Immigration and Naturalization Service to verify the
    identity of recipients in order for the states to qualify for
    the proposed reimbursement. Emergency patients often show up
    with no insurance and little other identification; therefore,
    if the INS drafted stringent rule for verification, it is
    possible that hardly any providers could collect under this
    section. On the other hand, if the INS required only minimal
    identification, providers would have an incentive to classify
    as many patients as possible in this category because that
    would maximize their federal reimbursement. Also unclear is
    whether any reimbursement would be subject to the usual limits
    on allowable charges in Medicaid, or whether providers could
    seek reimbursement for their entire cost.
        Earned income tax credit.--H.R. 2202 would deny eligibility
    for the Earned Income Tax Credit (EITC) to workers who are not
    authorized to be employed in the U.S. In practice, that
    provision would work by requiring valid Social Security numbers
    to be filed for the primary and secondary taxpayers on returns
    that claim the EITC. A similar provision was contained in
    President Clinton's 1996 budget proposal and in last fall's
    reconciliation bill. The Joint Committee on Taxation estimates
    that the provision would reduce the deficit by approximately
    $0.2 billion a year. Most of this reduction would appear as
    lower outlays for the refundable portion of the credit, but
    there would also be a small increase in revenues.
        Federal employee retirement.--H.R. 2202 would have a small
    effect on the net outlays of federal retirement programs.
    Section 533 and 356 of the bill would permit certain civilian
    and military retirees to collect their full pensions in
    addition to their salary if they are reemployed by the
    Department of Justice to help tackle a backlog of asylum
    applications or support the Institutional Hearing Program.
    Under current law, an employing agency must deduct the annuity
    amount from the paycheck of a reemployed civil service
    annuitant and remit that amount to the retirement trust fund.
    The retirement fund, in effect, makes no net annuity payments
    for the period of the annuitant's reemployment. (Rules
    governing the reemployment of military retirees are slightly
    more liberal, but still require forfeiture of part of the
    annuity.) Under the bill, the salary reduction requirement
    would be waived for up to 24 months of reemployment. CBO
    estimates that about 200 annuitants would be affected, and that
    net outlays would increase by $2 million to $4 million a year
    in 1997 through 1999.
        Other programs.--Entitlement or direct spending programs,
    other than those already listed, are estimated to incur
    negligible costs or savings over the 1997-2002 period as a
    consequence of H.R. 2202. The child nutrition program would be
    specifically exempt from H.R. 2202's ban on benefits to illegal
    aliens. It is possible that child nutrition would fall under
    the requirement that all means-tested programs develop sponsor-
    to-alien deeming provisions for future entrants; however, the
    applicability of that section is ambiguous, and it would take
    time to craft deeming rules and implement them in school
    systems nationwide in any case. The foster care program does
    not appear by name on any specific list of exemptions in H.R.
    2202, but CBO assumes that it would be exempt under provisions
    protecting battered children. CBO estimates that the bill would
    not lead to any significant savings in the student loan
    program. The Title XX social services program, an entitlement
    program for the states, is funded at a fixed dollar amount set
    by the Congress; the eligibility or ineligibility of aliens for
    services would not have any direct effect on those dollar
    amounts.
        7. Pay-as-you-go considerations: Section 252 of the
    Balanced Budget and Emergency Deficit Control Act of 1985 sets
    up pay-as-you-go procedures for legislation affecting direct
    spending or receipts through 1998. Because several sections of
    this bill would affect receipts and direct spending, pay-as-
    you-go procedures would apply. These effects are summarized in
    the following table.

    ------------------------------------------------------------------------
                                           1996         1997         1998
    ------------------------------------------------------------------------
    Change in outlays................            0         -230         -428
    Change in receipts...............            0           14           13
    ------------------------------------------------------------------------

        8. Estimated impact on state, local, and tribal
    governments: CBO has not completed its review of possible
    mandates in H.R. 2202. This section represents a preliminary
    analysis of the mandates contained in the bill and their likely
    impacts on the budgets of state, local, and tribal governments.
    A comprehensive mandate cost statement will be provided when
    CBO's analysis is completed.
        H.R. 2202 contains a number of mandates on state and local
    governments. The major mandates would require that state and
    local governments:
              Deny non-legal aliens, including those permanently
            residing under color of law, eligibility for all means-
            tested state and local benefit programs except
            emergency Medicaid, immunizations, disaster relief, and
            family violence services;
              Distribute means-tested benefits only through
            individuals who are themselves eligible for the
            program, at least on the basis of their immigration
            status; and
              Impose no restrictions on the exchange of information
            between governmental entities or officials and the
            Immigration and Naturalization Service regarding the
            immigration status of individuals.
        In addition, H.R. 2202 would require employers, including
    state and local government personnel offices, in at least five
    states to confirm through a toll-free telephone number (or
    other electronic media), the identity, Social Security number,
    and work eligibility of all employees within three days of
    hiring.
        CBO's preliminary conclusion is that the total net costs of
    the bill's mandates on state and local governments would not
    exceed the $50 million annual threshold established in the
    Unfunded Mandates Reform Act.
        9. Estimated impact on the private sector: H.R. 2202
    contains several private sector mandates. Although CBO has not
    completed its analysis of impacts on the private sector, our
    preliminary analysis indicates that the expected direct costs
    of private sector mandates contained in H.R. 2202 would exceed
    $100 million a year.
        Generally, speaking, the private sector mandates in H.R.
    2202 lie in four areas: (1) provisions that affect aliens
    within the borders of the United States, (2) provisions that
    affect individuals who sponsor aliens and execute affidavits of
    support, (3) provisions that affect the transportation
    industry, and (4) provisions that affect employers of aliens.
    In addition, a few provisions would reduce existing mandates on
    employers and offset marginally some of the costs imposed by
    new mandates.
        Specifially, we expect that the direct costs imposed on
    sponsors of aliens who execute affidavits of support to exceed
    $100 million a year within the first five years that the
    mandate is in effect. Those are costs now borne by the federal
    government and state and local governments for the provision of
    benefits under public assistance programs. We also expect that
    some direct costs would be imposed on aliens within U.S.
    borders, the transportation industry, and the employers of
    aliens but that those costs would not be significant.
        10. Previous CBO estimate: In 1995 CBO prepared many
    estimates of the effects of restricting aliens' eligibility for
    public assistance in the context of the debate over welfare
    reform. Examples include CBO's estimates of H.R. 4 (the welfare
    reform bill) and of H.R. 2491 (the reconciliation bill), both
    of which were eventually vetoed. In general, however, those
    proposals did not draw a sharp distinction between aliens
    already in the country and future entrants. CBO has not
    previously estimated the effects of restrictions on public
    assistance like those in H.R. 2202 that are essentially
    targeted at future entrants.
        11. Estimate prepared by: Federal Cost Estimate: Mark
    Grabowicz, Wayne Boyington, Sheila Dacey, Dorothy Rosenbaum,
    Robin Rudowitz, Kathy Ruffing, and Stephanie Weiner.
        State and Local Government Estimate: Karen McVey and Leo
    Lex.
        Private Sector Mandate Estimate: Matthew Eyles.
        12. Estimate approved by: Paul N. Van de Water, Assistant
    Director, for Budget Analysis.

                         Inflationary Impact Statement

        Pursuant to clause 2(l)(4) of rule XI of the Rules of the
    House of Representatives, the Committee estimates that H.R.
    2202 will have no significant inflationary impact on prices and
    costs in the national economy.

                          Section by Section Analysis

      TITLE I--DETERRENCE OF ILLEGAL IMMIGRATION THROUGH IMPROVED BORDER
             ENFORCEMENT, PILOT PROGRAMS, AND INTERIOR ENFORCEMENT

                   Subtitle A--Improved Enforcement at Border

    Sec. 101.--Border patrol agents and support personnel

        Subsection (a) provides that the number of border patrol
    agents shall be increased by 1000 per year from 1996 through
    2000. Subsection (b) provides that the number of support
    personnel for border enforcement, investigations, detention and
    deportation, intelligence, information and records, legal
    proceedings, and management and administration shall be
    increased beginning in fiscal year 1996 by 800 positions above
    the number existing as of September 30, 1994. Subsection (c)
    requires the deployment of new border patrol agents to border
    sectors in proportion to the level of illegal entries in the
    sectors.

    Sec. 102.--Improvement of barriers at border

        Subsection (a) provides that the Attorney General and the
    Commissioner of the Immigration and Naturalization Service
    (INS) shall install additional physical barriers and roads to
    deter illegal crossings into the U.S. in areas of high illegal
    entry.
        Subsection (b) provides that in carrying out subsection (a)
    in the San Diego sector, the Attorney General shall provide for
    multiple fencing, separated by roads, for the 14 miles eastward
    of the Pacific Ocean. The Attorney General shall promptly
    acquire necessary easements for the fencing and roads. There
    are authorized to be appropriated $12,000,000 for these fences
    and roads.
        Subsection (c) provides for a waiver of the Endangered
    Species Act to the extent necessary to expeditiously complete
    construction of the roads and fences under this section.
        Subsection (d) requires the Attorney General to forward
    deploy existing border patrol agents in those border areas with
    high levels of illegal entry and to submit a report within 6
    months of the date of enactment regarding the progress and
    effectiveness of such forward deployments.

    Sec. 103.--Improved border equipment and technology

        This section authorizes the Attorney General to acquire
    Federal equipment, including aircraft, helicopters, vehicles,
    and night vision equipment, to improve the deterrence of
    illegal immigration into the U.S. Some of this material may be
    acquired from the Department of Defense. Where necessary for
    the proper utilization of such equipment, the Committee
    believes that it would be appropriate for military personnel to
    provide training to Border Patrol agents and other immigration
    officers. Responsibility for operation of material acquired by
    the Attorney General would remain in the hands of employees of
    the Department of Justice.

    Sec. 104.--Improvement in border crossing identification card

        This section amends the definition in section 101(a)(6) of
    the Immigration and Nationality Act 121 of the ``border
    crossing identification card.'' The amendment requires that
    within 6 months of the date of enactment, all new border
    crossing ID cards (which are issued only to aliens) include a
    biometric identifier, such as a handprint or fingerprint of the
    alien. The amendment also requires that within 36 months, an
    alien cannot be admitted to the United States on the basis of
    such a card unless the biometric identifier on the card matches
    the appropriate biometric characteristic of the alien. The
    amendment requires that within a year after implementing the
    requirement for new ID cards, the Attorney General shall report
    to Congress on the impact of issuing the new cards on border
    crossing activities.
        \121\ Unless otherwise specified, all references to existing
    statutes are to sections of the Immigration and Nationality Act.
    ---------------------------------------------------------------------------

    Sec. 105.--Civil penalties for illegal entry

        This section amends section 275 by redesignating
    subsections (b) and (c) and inserting a new subsection (b). The
    new subsection provides that an alien apprehended while
    entering or attempting to enter the U.S. illegally shall be
    subject to a civil penalty of not less than $50 nor more than
    $250. The penalties shall be doubled in the case of an alien
    previously subject to such penalties.

    Sec. 106.--Prosecution of aliens repeatedly re-entering the united
            states unlawfully

        This section authorizes the appropriations of such sums as
    may be necessary to provide for detention and prosecution of
    any alien who has illegally reentered the U.S. if the alien has
    illegally reentered the U.S. on two previous occasions. This
    section also states the sense of Congress that the Attorney
    General use available resources to detain and prosecute such
    aliens.

    Sec. 107.--Inservice training for the border patrol

        This section amends section 103 of the INA by adding a new
    subparagraph (e), to provide for programs that would train
    Border Patrol agents to ensure and safeguard the constitutional
    and civil rights, personal safety, and human dignity of aliens
    and citizens with whom they come into contact. The annual
    report of the INS shall include a description of the steps
    taken to carry out this provision.

                          Subtitle B--Pilot Programs.

    Sec. 111.--Pilot program on interior repatriation

        This section requires the Attorney General, after
    consultation with the Secretary of State, to establish a pilot
    program for up to 2 years to deter multiple illegal entries
    into the U.S., which may include interior repatriation, third
    country repatriation, and other disincentives to multiple
    unlawful entries. Not later than 30 months after the date of
    enactment, the Attorney General and Secretary of State shall
    report on the pilot program, including whether the program or
    any part should be extended or made permanent.

    Sec. 112.--Pilot program on use of closed military bases for the
            detention of inadmissible or deportable aliens

        This section requires the Attorney General and the
    Secretary of Defense to establish a pilot program for up to 2
    years to determine the feasibility of using military bases
    closed because of a base closure law as detention centers for
    the Immigration and Naturalization Service. The Attorney
    General and the Secretary of State are to submit a report not
    later than 30 months after the date of enactment to the
    Committees on the Judiciary and the Committees on Armed
    Services of the House of Representatives and the Senate.

    Sec. 113.--Pilot program to collect records of departing passengers

        This section requires the Commissioner of the INS, within
    180 days after the date of enactment, to establish a pilot
    program in which INS officers would collect a record of
    departure for every alien departing the U.S. and match the
    record of departure with the record of the alien's arrival in
    the U.S. The program shall be operated in not less than 3 of
    the 5 air ports of entry with the heaviest volume of arriving
    international air traffic. Instances of visa overstay
    identified through the pilot program shall be included in INS
    and Department of State databases. Not later than 2 years after
    the pilot program is implemented, the Commissioner shall submit
    a report on the number of departure records collected and other
    statistics, the estimated cost of establishing a national
    system to verify the departure from the U.S. of aliens admitted
    as nonimmigrants, and specific recommendations for the
    establishment of such a system.

                        Subtitle C--Interior Enforcement

    Sec. 121.--Increase in personnel for interior enforcement

        This section authorizes the appropriation of funds to
    increase the number of investigators and other enforcement
    personnel deployed in the interior of the United States to a
    level adequate to properly investigate violations of and
    enforce immigration law. It is the intent of this section to
    include among interior enforcement personnel inspectors at
    United States airports, as well as INS investigators and
    detention and deportation officers.

     TITLE II--ENHANCED ENFORCEMENT AND PENALTIES AGAINST ALIEN SMUGGLING;
                                 DOCUMENT FRAUD

     Subtitle A--Enhanced Enforcement and Penalties Against Alien Smuggling

        This subtitle includes provisions in several immigration
    reform bills introduced in the 103rd Congress and the 104th
    Congress, and in the immigration reform legislation submitted
    by the Clinton Administration in May 1995.

    Sec. 201--Wiretap authority for alien smuggling investigations

        This section amends 18 U.S.C. 2516(1) to give INS the
    authority under that section to use wiretaps in investigations
    of alien smuggling and document fraud violations under section
    1028 (production of false identification documents), 1541
    (unauthorized issuance of passports), 1542 (false statements in
    passport applications), 1546 (fraud and misuse of visas,
    permits, and other documents) of title 18, or sections 274,
    277, or 278 of the INA (smuggling of aliens).

    Sec. 202--Racketeering offenses relating to alien smuggling

        This section amends 18 U.S.C. 1961(1) to include as
    racketeering offenses acts indictable under: section 1028
    (fraud and related activity in connection with identification
    documents), section 1542 (false statement in application and
    use of passport), 1543 (forgery and false use of passport),
    1544 (misuse of passport), 1546 (fraud and misuse of visas,
    permits, and other documents), and 1581-1588 (peonage and
    slavery), and sections 274, 277, and 278 of the INA (alien
    smuggling and related offenses).

    Sec. 203--Increased criminal penalties for alien smuggling

        Subsection (a) amends section 274(a)(1)(B)(i) to provide
    that any person who violates the prohibitions in
    274(a)(1)(A)(ii)-(iv) against transporting, harboring, or
    inducing an illegal alien to come to the U.S. may be imprisoned
    for up to 10 years if the offense was committed for purposes of
    commercial advantage or private financial gain.
        Subsection (a) also adds a new subparagraph (C) to section
    274(a)(1), providing that a person who engages in a conspiracy
    to commit or aids and abets in the commission of offenses under
    section 274(a)(1)(A) shall be fined and imprisoned for up to 10
    years (alien smuggling) or up to 5 years (transportation,
    harboring, inducement).
        Subsection (b) amends section 274(a)(2)(B) (bringing into
    the U.S. an alien not authorized to enter) by adding a new
    clause (iv) to make it an aggravating factor if the offense is
    committed with the intent or reason to believe that the alien
    will commit a crime punishable by imprisonment for more than
    one year. This subsection also amends this subparagraph to
    provide that if any of the aggravating factors are present, the
    violator shall be fined under title 18 and imprisoned for not
    less than 3 years nor more than 10 years.
        Subsection (c) amends section 274(a)(2) to provide that the
    punishments for unlawfully bringing an alien to the U.S. shall
    apply to each alien with respect to whom a violation occurs,
    replacing the current provision that the punishments shall
    apply to ``each transaction,'' regardless of the number of
    aliens involved.

    Sec. 204--Increased number of assistant United States Attorneys

        This section provides that the number of Assistant U.S.
    Attorneys shall be increased in fiscal years 1996 by 25, and
    that such new Assistant U.S. Attorneys shall prosecute persons
    involved in smuggling or harboring of illegal aliens, or other
    crimes involving illegal aliens.

    Sec. 205--Undercover investigation authority

        This section amends title II of the INA to add a new
    section 294, providing authority for the INS to use
    appropriated funds for the establishment and operation of
    undercover proprietary corporations or business entities.

                    Subtitle B--Deterrence of Document Fraud

    Sec. 211--Increased criminal penalties for fraudulent use of
            Government-issued documents

        Subsection (a) amends 18 U.S.C. 1028(b)(1), relating to
    fraud and misuse of government-issued identification documents,
    to increase the maximum term of imprisonment from 5 to 15
    years. The sentence is increased 20 years if the offense is
    committed to facilitate a drug-trafficking crime, and to 25
    years if committed to facilitate an act of international
    terrorism.
        Subsection (b) directs the Sentencing Commission promptly
    to increase the basic offense levels for document fraud
    offenses under sections 1028(a) and 1546(a) of title 18:
    offense level 15 if the offense involved 100 or more documents;
    level 20 if the offense involved 1,000 or more documents or was
    done to facilitate a drug offense or aggravated felony, and
    level 25 if done to provide documents to persons engaged in
    terrorist activity or racketeering enterprises.

    Sec. 212.--New civil penalties for document fraud

        Subsection (a) amends section 274C(a) by adding a new
    paragraph (5) to make it unlawful for any person knowingly or
    in reckless disregard of the fact that the information is false
    or does not relate to the applicant, to prepare, file, or
    assist another person in preparing or filing, documents which
    are falsely made for the purpose of satisfying a requirement of
    the INA. ``Falsely made'' shall include a document submitted
    with knowledge or reckless disregard of the fact that the
    document contains a false, fictitious, fraudulent statement or
    material misrepresentation, has no basis in law or fact, or
    fails to state a material fact.
        Subsection (b) makes conforming amendments to section
    274C(d)(3).
        Subsection (c) provides that the amendment shall apply to
    assistance, preparation, or submission of documents or
    applications occurring on or after the date of enactment.

    Sec. 213.--New civil penalty for failure to present documents and for
            preparing immigration documents without authorization

        Subsection (a) amends section 274C(a) by adding a new
    paragraph (6) to apply civil penalties against an alien who
    presents upon boarding a common carrier a document relating to
    the alien's eligibility to be admitted to the United States and
    then fails to present the document upon arrival. The Attorney
    General may waive these penalties if the alien is subsequently
    granted asylum. Subsection (a) also adds a new paragraph (7) to
    apply civil penalties against any person who prepares or
    assists in preparing immigration forms, petitions, and
    applications who is not authorized to represent aliens or to
    assist in the preparation and submission of such forms.
        Subsection (b) provides that these amendments shall apply
    to individuals who board a common carrier on or after 30 days
    after enactment.

    Sec. 214. New criminal penalties for failure to disclose role as
            preparer of false application for asylum and for preparing
            certain post-conviction applications

        This section amends section 274C of the INA by adding a new
    subsection (e), providing that a person who fails to disclose
    or conceals his role in preparing, for fee or other
    remuneration, a false application for asylum shall be
    imprisoned for not less than 2 years nor more than 5 years and
    also shall be prohibited from preparing, whether or not for fee
    or other remuneration, any other such application for at least
    5 years and not more that 15 years. A person convicted under
    this section who later prepares or assists in preparing an
    application for asylum, regardless of whether for a fee or
    other remuneration, is subject to imprisonment of not less than
    5 nor more than 15 years and is prohibited from preparing any
    other such application.

    Sec. 215.--Criminal penalty for knowingly presenting document which
            fails to contain reasonable basis in law or fact

        This section amends 18 U.S.C. 1546(a) to provide that the
    penalty for knowingly presenting a document which contains a
    false statement also extends to a document which fails to
    contain any reasonable basis in law or fact.

    Sec. 216.--Criminal penalties for false claim to citizenship

        This section amends 18 U.S.C. 1015 by adding new
    subparagraphs (e) and (f). New subparagraph (e) provides for
    criminal penalties against any person who makes a false claim
    to United States citizenship or nationality for the purpose of
    obtaining, for himself or any other person, any Federal benefit
    or service or employment in the United States. New subsection
    (f) provides for criminal penalties against any person who
    makes a false claim to United States citizenship in order to
    vote or register to vote in any Federal, State, or local
    election, including an initiative, recall, or referendum.

          Subtitle C--Asset Forfeiture for Passport and Visa Offenses

    Sec. 221.--Criminal forfeiture for passport and visa related offenses

        This section amends 18 U.S.C. 982(a) by adding a new
    paragraph (6), providing that a person who is convicted of a
    violation of or of a conspiracy to violate sections 1541, 1542,
    1543, 1544, or 1546 of title 18, or section 1028 of title 18 if
    committed in connection with passport or visa issuance or use,
    shall forfeit any property, real or personal, which was used or
    intended to be used in facilitating the violation, and any
    property constituting, derived from, or traceable to the
    proceeds of the violation.

    Sec. 222.--Subpoenas for bank records

        This section amends section 986(a) of title 18 to permit
    the issuance of subpoenas for bank records in investigations of
    offenses under sections 1028, 1541, 1542, 1543, 1544, and 1546
    of title 18.

    Sec. 223. Effective date

        This provides that the amendments made by this subtitle
    take effect on the first day of the first month that begins
    more than 90 days after the date of enactment.

       TITLE III--INSPECTION, APPREHENSION, DETENTION, ADJUDICATION, AND
                 REMOVAL OF INADMISSIBLE AND DEPORTABLE ALIENS

            Subtitle A--Revision of Procedures for Removal of Aliens

    Sec. 300.--Overview of changes in removal procedures

        This section provides an overview of changes made in the
    procedures for inspection, exclusion, apprehension, and
    deportation of aliens under the Immigration and Nationality
    Act.

    Sec. 301.--Treating persons present in the United States without
            authorization as not admitted

        Subsection (a) of this section amends section 101(a)(13) of
    the INA by replacing the definition of ``entry'' with a
    definition for ``admission'' and ``admitted'': the entry of an
    alien into the United States after inspection and authorization
    by an immigration officer. An alien who is paroled under
    section 212(d)(5) shall not be considered to have been
    admitted. With certain exceptions (specified below) a returning
    lawful permanent resident alien (LPR) is not considered to be
    seeking admission.
        Comment.--This subsection is intended to replace certain
    aspects of the current ``entry doctrine,'' under which illegal
    aliens who have entered the United States without inspection
    gain equities and privileges in immigration proceedings that
    are not available to aliens who present themselves for
    inspection at a port of entry. Hence, the pivotal factor in
    determining an alien's status will be whether or not the alien
    has been lawfully admitted. Parolees under INA section
    212(d)(5), who are not considered to have made an ``entry''
    under current law,122 will likewise not be considered to
    have been admitted under this new definition. Finally, this
    section preserves a portion of the Fleuti doctrine 123 by
    stating that a returning lawful permanent resident shall not be
    regarded as seeking admission unless the alien has relinquished
    lawful permanent resident status; has engaged in criminal
    activity after having left the U.S.; has departed the U.S.
    while under removal or extradition proceedings; or has been
    convicted of an aggravated felony, unless since such conviction
    the alien has been granted relief under new section 240A(a)
    (cancellation of removal for certain aliens lawfully admitted
    for permanent residence). However, this section intends to
    overturn certain interpretations of Fleuti 124 by stating
    that a returning lawful permanent resident alien is seeking
    admission if the alien is attempting to enter or has entered
    the United States without inspection and authorization by an
    immigration officer.
        \122\ See Leng May Ma v. Barber, 357 U.S. 185 (1958); INA
    Sec. 212(d)(5), 8 U.S.C. Sec. 1182(d)(5).
        \123\ See Rosenberg v. Fleuti, 374 U.S. 449 (1963) (lawful
    permanent resident returning from abroad not considered to have made a
    new ``entry'' if trip was ``innocent, casual, and brief'').
        \124\ See, e.g., Matter of Romero, (BIA, Dec. 19, 1990).
    ---------------------------------------------------------------------------
        Subsection (b) adds a new paragraph (9) to subsection
    212(a) (grounds of inadmissibility). The new paragraph states
    in subparagraph (A) that an alien who is present in the U.S.
    without being admitted or paroled, or who has arrived in the
    U.S. at any time or place other than as designated by the
    Attorney General, is inadmissible. Subparagraph (B) provides
    that the grounds of inadmissibility shall not apply if: (I) the
    alien qualifies for immigrant status as the spouse or child of
    a United States citizen or lawful permanent resident; (II) the
    alien or the alien's child has been battered or subject to
    extreme cruelty; and (III) there was a substantial connection
    between the cruelty or battery and the alien's unlawful entry
    into the United States. As a matter of transition, the
    requirements under (II) and (III) shall not apply if the alien
    establishes that he or she first entered the United States
    prior to the effective date of Title III of this legislation,
    as set forth in section 309(a).
        Comment.--This subsection will conform the grounds of
    inadmissibility under section 212(a) with the new doctrine of
    ``admission'' established in section 301(a) of the bill.
    Currently, aliens who have entered without inspection are
    deportable under section 241(a)(1)(B). Under the new
    ``admission'' doctrine, such aliens will not be considered to
    have been admitted, and thus, must be subject to a ground of
    inadmissibility, rather than a ground of deportation, based on
    their presence without admission. (Deportation grounds will be
    reserved for aliens who have been admitted to the United
    States.)
        The exception in subparagraph (B) will ensure that this new
    ground of inadmissibility does not apply to certain battered or
    abused alien spouses and children, where the alien's illegal
    entry is substantially connected to the battery or abuse. The
    exception will apply to alien spouses and children who, due to
    the amendments to section 204(a)(1)(A) made by section 40701 of
    the Violent Crime Control and Law Enforcement Act of 1994, are
    eligible to petition for immigrant visas because they have been
    battered or subject to extreme cruelty as defined in that
    section, and who have been battered or subject to extreme
    cruelty as defined in subparagraph (B) if the alien's unlawful
    entry was substantially connected to such battery or cruelty.
        The transition provision will ensure that aliens who were
    granted self-petition rights under section 40701 of VCCLEA and
    who were first present in the U.S. prior to the effective date
    of this title need meet no other criteria in order to be
    exempted from this new ground of inadmissibility.
        Subsection (c) revises paragraph (6) of section 212(a)
    (inadmissibility for aliens previously removed from the United
    States). Current paragraph (6)(A) imposes a 1-year bar to
    admission for an alien ordered excluded and deported from the
    United States, and current paragraph (6)(B) imposes a 5-year
    bar to admission for an alien deported from the United States,
    except in the case of an alien convicted of an aggravated
    felony, in which case the bar is for 20 years. Revised
    paragraph (6)(A)(i) provides that an alien ordered removed
    under revised section 235(b)(1), or at the end of proceedings
    under new section 240 that were initiated upon the alien's
    arrival in the United States, is inadmissible for a period of 5
    years. Revised paragraph (6)(A)(ii) provides that an alien
    otherwise ordered removed from the United States shall be
    barred from admission for 10 years (or permanently in the case
    of an alien convicted of an aggravated felony). These bars to
    readmission can be waived (as in current law) if the Attorney
    General has given prior consent to the alien's reapplying for
    admission.
        Revised paragraph (6)(B) provides that an alien unlawfully
    present in the United States for an aggregate period totalling
    1 year is inadmissible unless the alien has remained outside of
    the United States for 10 years. No period of time in which the
    alien was present in the United States as a minor under the age
    of 18, as a bona fide applicant for asylum under section 208,
    as an alien authorized to be employed in the United States, or
    as a beneficiary of family unity protection, shall count
    towards the aggregate 1-year period. This bar shall not apply
    to an alien described in new section 212(a)(9)(B) (battered
    spouse or child). An alien may be granted a 3-month extension
    if the alien applies for such extension prior to the expiration
    of the 1-year period and the failure to extend the period would
    constitute extreme hardship to the alien. The Attorney General
    may waive this ground of inadmissibility if the Attorney
    General determines that admission of the alien would
    substantially benefit a specifically defined national interest
    or, in the case of an alien who is the spouse, parent, or child
    of a United States citizen of lawful permanent resident, for
    humanitarian purposes, to assure family unity, or when it is
    otherwise in the public interest.
        Subsection (d) revises section 212(i) to provide that the
    ground of inadmissibility under section 212(a)(6)(C) (fraud and
    misrepresentation) may be waived in the case of a spouse, son,
    or daughter of a United States citizen or, in the case of a
    spouse, son, or daughter of a lawful permanent resident, if the
    refusal of admission would result in extreme hardship to the
    lawfully resident spouse or parent.
        Comment.--The intent of this amendment is to strengthen
    penalties against immigration fraud by making waiver of this
    ground of inadmissibility available only to members of nuclear
    families, and to apply an extreme hardship requirement in the
    case of family members of lawful permanent residents.
        Subsection (e) amends redesignated section 212(a)(10) by
    adding a new subparagraph (D), making inadmissible any alien
    who had previously renounced United States citizenship for the
    purpose of avoiding taxation.
        Subsection (f)(1) amends section 212(a)(1)(A) by adding a
    new clause (ii), making inadmissible any alien who seeks
    immigration as an immigrant who does not present evidence of
    vaccination against mumps, measles, rubella, polio, tetanus and
    diphtheria toxoids, pertussis, influenza type B and hepatitis
    B, and any other vaccinations recommended by the Advisory
    Committee for Immunization Practices.
        Subsection (f)(2) amends section 212(g) to make conforming
    amendments and to add a new paragraph (3), providing that the
    new exclusion ground related to vaccinations may be waived if
    the alien receives the required vaccination or if a civil
    surgeon or similar official designated in 42 CFR 34.2 certifies
    that the vaccination would not be medically appropriate.
        The foregoing amendments shall apply to applicants for
    immigrant visas or adjustment of status filed after September
    30, 1996. The Committee anticipates that the INS and the State
    Department will provide notification to persons seeking
    admission to the U.S. of the need to obtain the required
    vaccinations.
        Subsection (g) conforms references in section 241(a)
    (grounds of deportability) to reflect the change in
    nomenclature in section 212(a) from ``excludable'' to
    ``inadmissible.'' Subparagraph (B) of paragraph 241(a)(1)
    (entry without inspection) will be amended to state that an
    alien present in the United States in violation of law is
    deportable. The current category of persons who are deportable
    because they have made an entry without inspection will, under
    subsection (c) of this section, be considered inadmissible
    under new paragraph (9) of subsection 212(a).

    Sec. 302.--Inspection of aliens; expedited removal of inadmissible
            arriving aliens; referral for hearing (revised section 235)

        This section will amend section 235 of the INA, regarding
    the inspection of aliens arriving in the U.S.
        Applicants for admission.--New section 235(a) provides that
    an alien present in the United States who has not been admitted
    to the U.S. (see Section 301(a) of this bill), who arrives at
    the United States, whether or not at a designated port of
    arrival, or who is brought to the United States after having
    been interdicted in international or United States waters,
    shall be deemed an applicant for admission.
        An arriving alien who is a stowaway is not eligible to
    apply for admission or to be admitted and shall be ordered
    removed upon inspection by an immigration officer. A stowaway
    shall not be eligible to apply for asylum in the United States
    unless the stowaway establishes a credible fear of persecution
    pursuant to the expedited review process in section 235(b)(1).
        Aliens seeking admission, readmission, or transit through
    the United States shall be inspected by an immigration officer,
    who shall have the same authority to take statements and
    receive evidence as under current section 235 of the INA. An
    alien applying for admission may, at the discretion of the
    Attorney General, be permitted to withdraw the application for
    admission and depart immediately from the United States.
        New section 235(b) establishes new procedures for the
    inspection and in some cases removal of aliens arriving in the
    United States.
        Expedited removal of arriving aliens.--New paragraph (b)(1)
    provides that if an examining immigration officer determines
    that an alien is inadmissible under section 212(a)(6)(C) (fraud
    or misrepresentation) or 212(a)(7) (lack of valid documents),
    the officer may order the alien removed without further hearing
    or review, unless the alien states a fear of persecution or a
    desire to apply for asylum.
        An alien who states a fear of persecution or a wish to
    apply for asylum shall be referred for interview by an asylum
    officer, who is an immigration officer who has had professional
    training in asylum law, country conditions, and interview
    techniques. If the officer finds that the alien has a credible
    fear of persecution, the alien shall be detained for further
    consideration of the application for asylum. If the alien does
    not meet this standard, and the officer's decision is upheld by
    a supervisory asylum officer, the alien will be ordered
    removed. An alien may consult with a person of his or her
    choosing before the interview, at no expense to the Government
    and without delaying the interview. A ``credible fear of
    persecution'' means that it is more probable than not that the
    alien is telling the truth and the alien has a reasonable
    possibility of establishing eligibility for asylum.
        There is no administrative review of a removal order
    entered into under this paragraph, but an alien claiming under
    penalty of perjury to be lawfully admitted for permanent
    residence shall be entitled to administrative review of such an
    order. An alien ordered removed under this paragraph may not
    make a collateral attack against the order in a prosecution
    under section 275(a) (illegal entry) or 276 (illegal reentry).
        Inspection of other arriving aliens.--New paragraph (b)(2)
    provides that an alien determined to be inadmissible by an
    immigration officer (other than an alien subject to removal
    under paragraph (b)(1), or an alien crewman or stowaway) shall
    be referred for a hearing before an immigration judge under new
    section 240.
        Aliens inadmissible on national security grounds.--
    Subsection (c) restates the provisions of current section
    235(c) regarding the removal of aliens arriving in the United
    States who are inadmissible on national security grounds. This
    subsection is not intended to apply in the case of aliens who
    are inadmissible under new section 212(a)(9) because they are
    already present in the United States. Such aliens could be
    subject to the special removal procedures provided in Subtitle
    B of this Title.
        Authority of officers.--New subsection (d) restates
    provisions currently in section 235(a) authorizing immigration
    officers to search conveyances, administer oaths, and receive
    evidence, and to issue subpoenas enforceable in a United States
    district court.

    Sec. 303--Apprehension and detention of aliens not lawfully in the
            United States (revised section 236)

        Subsection (a) of this section will amend section 236 of
    the INA to include provisions currently contained in sections
    236 and 242. Subsection (b) authorizes an increase in INS
    detention facilities to 9,000 beds by FY 1997.
        Section 236.--Section 236(a) restates the current
    provisions in section 242(a)(1) regarding the authority of the
    Attorney General to arrest, detain, and release on bond an
    alien who is not lawfully in the United States. (The current
    authority in section 242(a) for a court in habeas corpus
    proceedings to review the conditions of detention or release
    pending the determination of the alien's inadmissibility or
    deportability is not retained.) The minimum bond for an alien
    released pending removal proceedings is raised from $500 to
    $1500.
        New section 236(b) restates the current provisions in
    section 242(a)(1) that the Attorney General may at any time
    revoke an alien's bond or parole.
        New section 236(c) restates the current provisions in
    section 236(e) and 242(a)(2) regarding the detention of an
    alien convicted of an aggravated felony, and adds an additional
    provision enabling the release of such an alien if the Attorney
    General decides in accordance with 18 U.S.C. 3521 that release
    is necessary to provide protection to a witness, potential
    witness, a person cooperating with an investigation into major
    criminal activity, or a family member or close associate of
    such a witness or cooperator.
        New section 236(d) restates the current provisions in
    section 242(a)(3) regarding the identification of aliens
    convicted of aggravated felonies and amends those provisions to
    require that information be provided to the Department of State
    for inclusion in its automated visa lookout system.

    Sec. 304--Removal proceedings; cancellation of removal and adjustment
            of status; Voluntary departure (revised and new sec. 239 to
            240C)

        Subsection (a) of this section redesignates current section
    239 (designation of ports of entry for aliens arriving by civil
    aircraft) as section 234, redesignates section 240 (records of
    admission) as section 240C, and inserts new sections 239, 240,
    240A, and 240B. Subsection (b) of this section repeals section
    212(c) of the INA.
        Section 239.--New section 239 (``Initiation of removal
    proceedings'') restates the provisions of current subsections
    (a) and (b) of section 242B regarding the provision of notice
    (``Notice to Appear'') to aliens placed in removal proceedings.
    These provisions are conformed to the establishment of a single
    removal hearing to replace the proceedings under current
    section 236 (exclusion) and 242 (deportation). The requirement
    that the Notice to Appear (formerly ``Order to Show Cause'') be
    provided in Spanish as well as English is not retained. The
    mandatory period between notice and date of hearing is reduced
    to 10 days. Service is sufficient if there is proof of mailing
    to the last address provided by the alien.
        Section 240.--New section 240 (``Removal Proceedings'')
    restates provisions in current section 236 (exclusion
    proceedings) and 242 and 242B (deportation proceedings).
        Section 240(a) provides that there shall be a single
    proceeding for deciding whether an alien is inadmissible under
    section 212(a) or deportable under section 237 (formerly
    section 241(a)). This subsection shall not affect proceedings
    under new section 235(c) (aliens inadmissible on national
    security grounds), new section 238 (currently section 242A)
    (aliens convicted of aggravated felonies), or new section
    235(b)(1) (arriving aliens inadmissible for fraud or lack of
    documents).
        Section 240(b) provides that the removal proceeding under
    this section shall be conducted by an immigration judge in
    largely the same manner as currently provided in sections 242
    and 242B. Under paragraph (b)(2), the proceeding may take place
    in person, through video conference, or, with the consent of
    the alien in hearings on the merits, through telephone
    conference. Under paragraph (b)(5), an alien who fails to
    appear for a hearing may be ordered removed if the Service
    establishes by clear, unequivocal, and convincing evidence that
    notice under section 239 was provided and the alien is
    inadmissible or deportable. There is no requirement to provide
    written notice if the alien has failed to provide the address
    required under section 239(a)(1)(F). An in absentia order can
    only be rescinded through a motion to reopen filed within 180
    days if the alien demonstrates that the failure to appear was
    due to exceptional circumstances (as defined in section
    240(e)), or a motion to reopen filed at any other time if the
    alien demonstrates that the alien either did not receive notice
    of the hearing or was in Federal or State custody and could not
    appear. An alien who fails to appear shall be ineligible for
    any relief under new sections 240A (voluntary departure) and
    240B (cancellation of removal), and sections 245, 248, and 249.
        Section 240(c) provides that the immigration judge shall
    make a decision on removability based only upon the evidence at
    the hearing. An alien applicant for admission shall have the
    burden to establish that he or she is beyond doubt entitled to
    be admitted. An alien who is not an applicant for admission
    shall have the burden to establish by clear and convincing
    evidence that he or she is lawfully present in the U.S.
    pursuant to a prior lawful admission. In the case of an alien
    who has been admitted to the U.S., the Service has the burden
    to establish by clear and convincing evidence that the alien is
    deportable.
        An alien is limited to one motion to reconsider the
    decision of the immigration judge. Such motion shall be filed
    within 30 days of the final administrative order of removal and
    shall specify the errors of law or fact in the order. An alien
    is limited to one motion to reopen proceedings. Such motion
    shall be filed within 90 days of the final administrative order
    of removal and shall state the new facts to be proven at a
    hearing if the motion is granted. The deadline for a motion to
    reopen may be extended in the case of an application for asylum
    or withholding of removal that is based on new evidence of
    changed country conditions that was not available at the time
    of the initial hearing. The deadline also may be extended in
    the case of an in absentia order of removal if filed within 180
    days and establishing that the alien's failure to appear was
    because of exceptional circumstances beyond the control of the
    alien (as defined in section 240(e)) or because the alien did
    not receive the notice required under section 239(a).
        Section 240(d) provides that the Attorney General shall
    provide by regulation for the entry by an immigration judge of
    an order of removal stipulated to by the alien and the INS.
    Such an order shall be a conclusive determination of the
    alien's removability from the U.S.
        Section 240(e) defines as ``exceptional circumstances'' the
    serious illness of the alien or the serious illness or death of
    the spouse, parent, or child of the alien, but not including
    less compelling circumstances. The subsection defines
    ``removable'' to mean that an alien who has not been admitted
    is inadmissible under section 212 and that an alien who has
    been admitted is deportable under section 237.
        Section 240A.--New section 240A (``Cancellation of removal;
    adjustment of status'') establishes revised rules for the type
    of relief that is currently available to excludable and
    deportable aliens under section 212(c) and 244(a)-(d).
        Section 240A(a) provides that the Attorney General may
    cancel removal in the case of an alien lawfully admitted for
    permanent residence for not less than 5 years if the alien has
    resided in the United States continuously for 7 years since
    being lawfully admitted in any status and has not been
    convicted of an aggravated felony or felonies the aggregate
    sentence for which is at least 5 years. This provision is
    intended to replace and modify the form of relief now granted
    under section 212(c) of the INA.
        Section 240A(b)(1) provides that the Attorney General may
    cancel removal in the case of an alien who has been physically
    present in the United States for a continuous period of at
    least 7 years immediately preceding the date of applying for
    such relief, has been a person of good moral character, has not
    been convicted of an aggravated felony, and establishes that
    removal would result in extreme hardship to the alien or to the
    alien's spouse, parent, or child who is a citizen of the United
    States or an alien lawfully admitted for permanent residence.
    This provision is intended to replace and modify the relief of
    suspension of deportation now granted under section 244(a).
        Section 240A(b)(2) restates the provisions in current
    section 244(a)(3), enacted in section 40703(a)(3) of the
    Violent Crime Control and Law Enforcement Act of 1994. It
    provides that the Attorney General may cancel removal if the
    inadmissible or deportable alien has been subjected to extreme
    cruelty in the United States by a spouse or parent who is a
    United States citizen or lawful permanent resident, has been
    physically present in the United States for a continuous period
    of at least 3 years, has been a person of good moral character
    during such period, is not deportable or inadmissible on
    grounds related to criminal activity, national security, or
    marriage fraud, and establishes that removal would result in
    severe hardship.
        Section 240A(b)(3) states that the Attorney General may
    adjust to the status of an alien lawfully admitted for
    permanent residence an alien who meets the requirements for
    cancellation of removal. The number of such adjustments shall
    not exceed 4,000 in any fiscal year.
        Subsection 240A(c) provides that the following categories
    of aliens shall not be eligible for cancellation of removal
    under subsections (a) and (b)(1): an alien who entered as a
    crewman after June 30, 1964; an alien who was admitted as a
    nonimmigrant exchange alien under 101(a)(15)(J); an alien who
    was admitted as a nonimmigrant exchange alien under section
    101(a)(15)(J), is subject to the two-year foreign residence
    requirement of section 212(e), and has not fulfilled that
    requirement or received a waiver; or an alien who is
    inadmissible under section 212(a)(3) or deportable under
    section 237(a)(4)(D) (national security and related grounds).
        Subsection 240A(d) provides that the period of continuous
    residence or physical presence ends when an alien is served a
    notice to appear under section 239(a) (for the commencement of
    removal proceedings under section 240). A period of continuous
    physical presence is broken if the alien has departed from the
    United States for any periods in the aggregate exceeding 180
    days, unless for emergent reasons the return could not be
    accomplished in that time. The continuous physical presence
    requirement does not apply to an alien who has served 24 months
    in active-duty status in the United States armed forces, was in
    the United States at the time of enlistment or induction, and
    was honorably discharged.
        Section 240B.--New section 240B (``Voluntary departure'')
    establishes new conditions for the granting of voluntary
    departure, currently governed by section 242(b) and 244(e) of
    the INA.
        Section 240B(a) provides that the Attorney General may
    permit an alien voluntarily to depart the United States at the
    alien's expense in lieu of being subject to removal proceedings
    under section 240 or prior to the completion of such
    proceedings, if the alien is not deportable because of
    conviction for an aggravated felony or on national security and
    related grounds. Permission to depart voluntarily under this
    subsection shall not be valid for a period exceeding 120 days
    and an alien may be required to post a voluntary departure
    bond, to be surrendered upon proof that the alien has departed
    the U.S. within the time specified. No alien arriving in the
    United States for whom removal proceedings under section 240
    are instituted at the time of arrival is eligible for voluntary
    departure under this section. Such an alien may withdraw his or
    her application for admission to the United States in
    accordance with section 235(a)(4).
        Section 240B(b) provides that the Attorney General may
    permit an alien voluntarily to depart the United States at the
    conclusion of proceedings under section 240 if the alien has
    been physically present for at least one year in the United
    States, the alien has been a person of good moral character for
    the preceding 5 years, the alien is not deportable because of
    conviction for an aggravated felony or on national security and
    related grounds, and the alien has established by clear and
    convincing evidence that the alien has the means to depart the
    United States and intends to do so. The period for voluntary
    departure cannot exceed 60 days and a voluntary departure bond
    is required.
        Section 240B(c) provides that an alien is not eligible for
    voluntary departure if the alien was previously granted
    voluntary departure after having been found inadmissible under
    section 212(a)(9) (present without admission).
        Section 240B(d) provides that if an alien is permitted to
    depart voluntarily and fails to do so, the alien shall be
    subject to a civil penalty of not less than $1,000 nor more
    than $5,000 and shall not be eligible for any further relief
    under this section or sections 240A, 245, 248, or 249 for a
    period of 10 years.
        Section 240B(e) provides that the Attorney General may by
    regulation limit eligibility for voluntary departure for any
    class or classes of aliens.
        Section 240B(f) provides that an alien may appeal from a
    denial of an order of voluntary departure but shall be
    removable from the U.S. 60 days after the entry of the order of
    removal and may prosecute the appeal from abroad.

    Sec. 305--Detention and removal of aliens ordered removed (new section
            241)

        Subsection (a) of this section strikes section 237,
    redesignates section 241 as section 237, and inserts a new
    section 241.
        Section 241--New section 241 (``Detention and removal of
    aliens ordered removed'') restates and revises provisions in
    current sections 237, 242, and 243 regarding the detention and
    removal of aliens.
        Section 241(a) provides that the Attorney General shall
    remove an alien within 90 days of the alien being ordered
    removed. This removal period shall begin when the alien's order
    is administratively final, when the alien is released from non-
    immigration related detention or confinement, or, if the alien
    has appealed his order to a court and removal has been stayed,
    the date of the court's final order. The removal period is
    extended beyond 90 days if the alien wilfully refuses to apply
    for travel documents or takes other steps (other than appeals)
    to prevent removal.
        The alien shall be detained during the removal period. If
    space is not available, the Attorney General may release the
    alien on bond and under any conditions that the Attorney
    General may prescribe. If the alien is not removed within 90
    days, the alien shall be subject to supervision under
    conditions similar to those currently in section 242(d). An
    inadmissible alien who has been ordered removed may be detained
    beyond the 90-day period. The Attorney General may not remove
    an alien who is sentenced to imprisonment until the alien is
    released, but parole, supervised release, probation, or the
    possibility of arrest are not grounds to defer removal.
        If an alien reenters the United States illegally after
    having been removed or departed voluntarily under an order of
    removal, the prior order of removal is reinstated and the alien
    shall be removed under the prior order, which shall not be
    subject to review.
        An alien who is subject to an order of removal may not be
    granted authorization to work in the United States unless there
    is no country willing to accept the alien, or the alien cannot
    be removed for reasons deemed strictly in the public interest.
        Section 241(b) establishes the countries to which an alien
    may be removed. Subsection (b)(1) restates the provisions in
    current section 237(a); subsection (b)(2) restates the
    provisions in current sections 243 (a) and (b).
        Section 241(c) provides that an alien arriving in the
    United States who is ordered removed shall be removed
    immediately by the vessel or aircraft that brought the alien,
    unless it is impracticable to do so or the alien is a stowaway
    who has been ordered removed by operation of section 235(b)(1)
    but has a pending application for asylum. This subsection also
    restates and revises the provisions in section 237(d) regarding
    stay of removal, and the provisions in section 237(a) regarding
    cost of detention and maintenance pending removal. These
    provisions make it clear that actual physical detention of an
    alien who has been permitted to land in the United States shall
    be the sole responsibility of the Attorney General and shall
    take place in INS facilities or contract facilities, even in
    cases where the liability for cost of detention is assigned to
    a private entity such as a carrier. The Committee further
    believes the rate of reimbursement charged to the carrier to
    other entity made responsible for the cost of detention of an
    alien shall be at the same per diem rate charged to the
    government for the cost of detention.
        In the case of an alien stowaway, the carrier shall be
    liable for the cost of detention incurred by the Attorney
    General. If the stowaway does not claim asylum, the only issue
    is to arrange for the stowaway's departure from the United
    States. This could occur directly on the vessel of arrival,
    particularly in the case of aircraft. However, the Committee
    understands that, due to commercial requirements, safety
    concerns, and other factors, it is often not practicable for
    the stowaway to be removed on the vessel of arrival,
    particularly in the case of commercial maritime vessels. For
    this reason, section 241(d)(2)(B) provides that an alien
    stowaway may be allowed to land in the United States for
    detention by the Attorney General or departure or removal of
    the stowaway. In such a case, the carrier shall be responsible,
    under section 241(c)(3)(A)(ii)(II), for the cost of detention
    by the Attorney General for the time reasonably necessary to
    arrange for repatriation or removal of the alien, including
    obtaining necessary travel documents. The carrier's liability
    shall not extend beyond the date on which it is ascertained
    that such travel documents cannot be obtained. The Committee
    expects that the carrier and the INS will work cooperatively in
    order to obtain such travel documents in an expeditious manner,
    but understands that there are circumstances in which foreign
    governments do not cooperate in issuing such documents. Since
    circumstances in such cases vary, the Committee has not
    designated a time period beyond which the financial
    responsibility for continued detention shifts from the carrier
    to the INS. The Committee expects that the INS, through
    regulations or internal policy guidance, will set a reasonable
    timeline and other criteria that will be applied uniformly in
    all INS districts. Such guidelines should include an obligation
    on the part of the carrier to continue efforts to obtain travel
    documents and make other arrangements for the departure of the
    stowaway from the U.S.
        In the case of a stowaway who has claimed asylum and is
    being detained to pursue an application for asylum, the carrier
    shall be liable, under section 241(c)(3)(A)(ii)(III), for a
    period not to exceed 15 business days, excluding Saturdays,
    Sundays, and holidays. The 15-day period shall begin when the
    alien is determined, under section 235(b)(1), to have a
    credible fear of persecution and thus be eligible to apply for
    asylum, but not later than 72 hours after the actual arrival of
    the stowaway in the U.S. The 72-hour period is intended to
    provide adequate time for the Attorney General to determine if
    the stowaway has a credible fear of persecution and thus may be
    detained by the INS to pursue an asylum application. Under no
    circumstances shall the carrier be required to reimburse the
    INS for a period of detention greater than 15 business days,
    plus the portion of the initial 72-hour period required to
    determine if the stowaway is eligible to apply for asylum. The
    Committee believes that the obligation of the carrier to pay
    for detention costs shall not be extended to require the
    carrier to pay for the cost of translators, legal counsel, or
    other assistance in preparing and presenting the stowaway's
    claim for asylum. The Committee expects that the INS will
    adopt, through regulations consistent with the provisions of
    this legislation, clear policy guidance regarding the conduct
    of interviews to determine if a stowaway has a credible fear of
    persecution.
        Section 241(d) restates the provisions in current section
    237(b) requiring the owner of the vessel or aircraft bringing
    an alien to the United States to comply with orders of an
    immigration officer regarding the detention or removal of the
    alien. This subsection also restates the provisions in section
    243(e) that any carrier (not limited to the carrier who has
    brought an alien) comply with an order of the Attorney General
    to remove to a specific destination an alien who has been
    ordered removed.
        Section 241(d) also revises and restates the requirements
    in section 273(d) regarding permission for a stowaway to land
    in the U.S. A carrier who has brought a stowaway shall, pending
    completion of the inspection of the stowaway, detain the
    stowaway on board the vessel or at another place designated by
    the INS. The carrier may not permit the stowaway to land except
    temporarily for medical treatment, for detention of the
    stowaway by the Attorney General, or for departure and removal
    of the stowaway. However, a carrier shall not be required to
    detain a stowaway who has been permitted to remain in the U.S.
    to pursue an application for asylum, who shall be detained by
    the Attorney General subject to the reimbursement requirements
    set forth in section 241(c). Furthermore, the Attorney General
    shall grant a timely request by a carrier to remove the
    stowaway on a vessel other than that on which the alien has
    arrived in the U.S., provided that the carrier pays the cost of
    removal and obtains all necessary travel documents. In this
    way, the stowaway can be rapidly repatriated to the country of
    origin, instead of being forced to remain on the vessel while
    it makes other ports of call.
        Section 241(e) restates the provisions in current sections
    237(c) and 243(c) regarding the payment of expenses for removal
    of aliens who have been ordered removed.
        Section 241(f) restates the provisions in section 243(f)
    regarding the employment of persons to assist in the removal of
    aliens requiring personal care during removal.
        Section 241(g) amends and restates the authority in current
    section 242(c) for construction and operation of detention
    facilities. The amendment states that before the construction
    of new facilities, the Commissioner of the INS shall consider
    the availability for purchase or lease of existing facilities.
        Section 241(h) provides that nothing in section 241 shall
    be construed to create any substantive or procedural right or
    benefit that is legally enforceable against the United States,
    its agencies or officers, or any other person. This provision
    is intended, among other things, to prohibit the litigation of
    claims by aliens who have been ordered removed from the U.S.
    that they be removed at a particular time or to a particular
    place.
        Subsection (b) of section 305 amends redesignated section
    241(h) (reimbursement to States for incarceration of
    undocumented criminal alien felons--currently section 242(j)).
    The amendment provides that ``incarceration'' shall include
    imprisonment in a State or local facility that is counted
    towards completion of a sentence and also the imprisonment of a
    previously convicted felon or misdemeanant who has been
    rearrested on new charges. The amendment also will permit
    reimbursement in the case of an alien convicted of two or more
    misdemeanors.

    Sec. 306--Appeals from orders of removal (new section 242)

        This section amends section 242 to revise and restate the
    provisions in current section 106, which is repealed.
        Section 242(a) provides that a final order of removal,
    other than an order or removal under section 235(b)(1), is
    governed by chapter 158 of title 28. This is consistent with
    current section 106(a). This subsection also provides that no
    court shall have jurisdiction to review a decision by the
    Attorney General to invoke section 235(b)(1), the application
    of such section to individual aliens (including the
    determination under section 235(b)(1)(B) regarding credible
    fear of persecution), or procedures and policies to implement
    section 235(b)(1). Individual determinations under section
    235(b)(1) may only be reviewed under new subsection 242(f).
        Section 242(b)(1) provides that a petition for review must
    be filed within 30 days after the final order of removal in the
    federal court of appeals for the circuit in which the
    immigration judge completed proceedings. Subsection (b)(3)(B)
    provides that the filing of a petition stays the removal of the
    alien unless the alien has been convicted of an aggravated
    felony or has been ordered removed because alien is
    inadmissible under section 212, in which case removal is stayed
    only if specifically ordered by the court.
        The remaining paragraphs of subsection (b) revise and
    restate the provisions in subsections (3) through (8) of
    current section 106 regarding form, service, decision,
    treatment of a petitioner's claim that he or she is a national
    of the United States, consolidation of motions to reopen and
    reconsider, challenge of validity of orders of removal, and
    detention and removal of alien petitioners.
        Section 242(c) restates the provisions in the second
    sentence of subsection (c) of current section 106 that a
    petition for review must state whether a court has upheld the
    validity of an order of removal, and if so, identifying the
    court and date and type of proceeding.
        Section 242(d) restates the provisions in the first and
    third sentences of subsection (c) of current section 106
    requiring that a petitioner have exhausted administrative
    remedies and precluding a court from reviewing an order of
    removal that has been reviewed by another court absent a
    showing that the prior review was inadequate to address the
    issues presented in the petition, or that the petition presents
    new grounds that could not have been presented in the prior
    proceeding.
        Section 242(e) provides that a petition for review from an
    order of removal under section 238 (expedited procedures for
    non-resident aliens convicted of an aggravated felony) may
    address only whether the alien has been correctly identified,
    has been convicted of an aggravated felony, and has been given
    the procedures described in section 238(b)(4).
        Section 242(f) provides rules for judicial review of orders
    of removal under section 235(b)(1). No court shall have
    jurisdiction or authority to enter declaratory, injunctive, or
    other equitable relief against the operation of section
    235(b)(1) (other than that specifically authorized in this
    subsection), or to certify a class under Rule 23 of the Federal
    Rules of Civil Procedure. Judicial review is only available in
    habeas corpus and is limited to whether the petitioner is an
    alien, whether the petitioner was ordered removed under section
    235(b)(1), and whether the petitioner can prove by a
    preponderance of the evidence that he or she is an alien
    lawfully admitted for permanent residence. If the court
    determines that the petitioner was not ordered excluded or is
    an alien lawfully admitted for permanent residence, the court
    may order no relief other than to require that the alien be
    provided a hearing under section 240. The habeas corpus
    proceeding shall not address whether the alien actually is
    admissible or entitled to any relief from removal.
        Section 242(g) provides that no court other than the
    Supreme Court shall have jurisdiction or authority to enjoin or
    restrain the operation of the provisions in chapter 4 of Title
    II of the INA, as amended by this legislation, other than with
    respect to the application of the provisions to an individual
    alien against whom removal proceedings have been initiated.

    Sec. 307. Penalties relating to removal (revised section 243)

        Subsection (a) restates the provisions in current section
    242(e) regarding penalties for failure to depart within 90 days
    of the order of removal.
        Subsection (b) restates the provisions in the third and
    final sentence of current section 242(d) regarding penalties
    for failure to comply with the terms of release under
    supervision pursuant to section 241(a)(3) (currently the first
    two sentences of section 242(d)).
        Subsection (c) restates the provisions in the second and
    third sentences of current section 237(d) and the final clause
    of current section 243(e) regarding penalties for failure to
    comply with an order to remove an alien from the U.S.,
    including civil money penalties and limitations on the
    clearance of vessels.
        Subsection (d) revises and restates the provisions in
    current section 243(g) regarding sanctions against a country
    that refuses to accept an alien who is a citizen, subject,
    national, or resident of that country. Under the amendment, the
    Secretary of State shall order that the issuance of both
    immigrant and nonimmigrant visas to citizens, nationals,
    subjects, or nationals of that country be suspended until the
    country has accepted the alien.

    Sec. 308. Redesignation and reorganization of other provisions;
            additional conforming amendments

        This section makes a series of redesignations and
    conforming amendments in addition to those made in other
    sections.
        Current section 232 is redesignated as section 232(a).
        Current section 234 is redesignated as section 232(b).
        Current section 238 is redesignated as section 233.
        Current section 240 is redesignated as section 234A.
        Current section 242A is redesignated as section 238, with
    conforming amendments.
        Current section 242B is stricken.
        Current section 244A is redesignated as section 244.
        The provisions in current section 237(e) regarding the
    removal of an arriving alien who is helpless from sickness or
    mental or physical disorder are restated as a new section
    232(c). Section 212(a)(10)(B), the redesignated ground of
    inadmissibility for an alien who is ordered to accompany such a
    helpless alien during removal, also is amended to conform to
    the amendments in new section 232(c).
        Section 273(a) is amended by adding a new paragraph (2) to
    restate the provisions in current section 237(b)(5) prohibiting
    a carrier from taking any consideration contingent on whether
    an alien is admitted to or order removed from the U.S.
        Section 273(d) is repealed.

    Sec. 309--Effective dates; transition

        Subsection (a) provides that the changes made in this
    subtitle shall take effect on the first day of the first month
    beginning more than 180 days after the date of enactment.
        Subsection (b) provides that the Attorney General shall
    promulgate regulations to carry out this subtitle at least 1
    month before the effective date in subsection (a).
        Subsection (c) provides for the transition to new
    procedures in the case of an alien already in exclusion or
    deportation proceedings on the effective date. In general, the
    amendments made by this subtitle shall not apply and the
    proceedings (including judicial review) shall continue to be
    conducted without regard to such amendments.
        The Attorney General may elect to apply the new procedures
    in a case in which an evidentiary hearing under current section
    236 (exclusion) or sections 242 and 242B (deportation) has not
    been commenced as of the effective date. The Attorney General
    shall provide notice of such election to the alien, but the
    prior notice of hearing and order to show cause served upon the
    alien shall be effective to retain jurisdiction over the alien.
        The Attorney General also may elect, in a case in which
    there has been no final administrative decision, to terminate
    proceedings without prejudice to the Attorney General's ability
    to initiate new proceedings under the amendments made by this
    subtitle. Determinations in the terminated proceeding shall not
    be binding in the new proceeding.
        This subsection also provides that in the case where a
    final order of exclusion or deportation is entered on or after
    the date of enactment and for which a petition for review or
    for habeas corpus under section 106 has not been filed as of
    such date, new rules shall apply to subsequent petitions for
    judicial review. All judicial review, both of exclusion and
    deportation decisions, shall be by petition for review to the
    court of appeals for the judicial circuit in which the
    administrative proceedings before the special inquiry officer
    (immigration judge) were completed. The petition for review
    also must be filed not later than 30 days after the final order
    of exclusion or deportation.
        The rules under new section 240A(d)(1) and (2) regarding
    continuous physical presence in the United States as a
    criterion for eligibility for cancellation of removal shall
    apply to any notice to appear (including an Order to Show Cause
    under current section 242A) issued after the date of enactment
    of this Act.

                    Subtitle B--Removal of Alien Terrorists

                Part 1--Removal Procedures for Alien Terrorists

    Sec. 321--Removal procedures for alien terrorists

        This section amends the INA by adding a new title V,
    entitled special removal procedures for alien terrorists.
        Section 501 provides definitions to apply to title V. An
    ``alien terrorist'' is an alien deportable under current
    section 241(a)(4)(B).
        Section 502 (``Establishment of special removal court;
    panel of attorneys to assist with classified information'')
        Sections 502(a) through (c) require the Chief Justice of
    the Supreme Court to publicly designate 5 district court judges
    from 5 of the U.S. judicial circuits who shall constitute a
    special court with jurisdiction to conduct special removal
    proceedings. The terms of the judges first appointed shall be
    so staggered that the term of one judge expires each year. The
    Chief Justice shall designate a chief judge, who shall serve a
    full five-year term.
        Section 502(d) provides that the proceedings shall be
    conducted in conformance with section 103(c) of the Foreign
    Intelligence Surveillance Act of 1978.
        Section 502(e) provides that the special court shall
    designate a panel of attorneys each of whom has a security
    clearance permitting access to classified information and has
    agreed to represent aliens lawfully admitted for permanent
    residence with respect to certain classified information used
    in special removal proceedings under the provisions of section
    506(c).
         Section 503 (``Application for initiation of special
    removal proceeding'') provides that when the Attorney General
    has classified information that an alien is an alien terrorist,
    the Attorney General may seek removal through the filing under
    seal, ex parte and in camera, of a written application with the
    special court. The application, made under oath or affirmation,
    shall identify the attorney making the application; indicate
    the approval of the Attorney General or Deputy Attorney General
    to the filing of the application based on a finding that the
    alien is removable under this title; identify the alien for
    whom special removal proceedings are sought; and a statement of
    facts to establish that the alien is an alien terrorist, is
    physically present in the U.S., and that the use of removal
    procedures under title II would pose a risk to the national
    security of the U.S. The Attorney General may dismiss a removal
    action under this title at any time.
         Section 504 (``Consideration of application'') provides
    that a single judge on the removal court shall consider, ex
    parte and in camera, the application and other information,
    including classified information, presented under oath or
    affirmation. A verbatim record shall be kept of any hearing on
    the application. The judge shall enter ex parte an order
    approving the application if there is probable cause to believe
    that the alien has been correctly identified and is a
    terrorist, and that adherence to the provisions of title II
    regarding the removal of aliens would pose a risk to national
    security. The judge, in the case of denial, shall prepare a
    written statement of the reasons therefor.
         If an order is issued under this section, the alien's
    rights regarding removal and expulsion shall be governed
    exclusively by this title. No other provisions of the Act shall
    apply, unless otherwise specified in this title.
         Section 505 (``Special removal hearings'') provides that
    an alien shall be given reasonable of the nature of the charges
    and of the time and place of the hearing, and a general account
    of the basis for the charges. The hearing shall be held
    expeditiously and by the same judge who granted the application
    for the special removal proceeding under section 504. The
    hearing shall be open to the public and the alien shall have
    the right to be represented by counsel. An alien unable to
    afford counsel shall have counsel assigned, in accordance with
    section 3006A of title 18. The alien may introduce evidence
    and, subject to section 506, may examine the evidence and
    cross-examine any witnesses. A verbatim record shall be kept
    and the decision shall be based only on the evidence at the
    hearing.
         An alien subject to proceedings under this section shall
    not be eligible for relief under section 208 (asylum), 243(h)
    (withholding of deportation), 244(a) (suspension of
    deportation), 244(e) (voluntary departure), 245 (adjustment of
    status), and 249 (registry).
         The Department of Justice or the alien may request the
    judge to compel by subpoena the attendance of witnesses and the
    production of books, papers, documents, or other objects. Such
    requests may be made ex parte, but the judge may reveal an
    alien's request to the Department of Justice if the witness or
    material requested by the alien would reveal evidence or the
    source of evidence which the Department of Justice has received
    permission to introduce in camera and ex parte under section
    505(e) or section 506.
         Section 505(e) provides that classified information shall
    be introduced in camera and ex parte and that neither the alien
    nor the public shall be informed of such evidence or its
    sources other than by reference to a summary of the evidence
    prepared in accordance with section 506(b). Electronic
    surveillance information obtained through the Foreign
    Intelligence Surveillance Act of 1978 shall not be disclosed to
    the alien. The United States shall retain the right to seek
    protective orders and assert privileges ordinarily available to
    the U.S. to protect against the disclosure of classified
    information, including the military and state secrets
    privileges. The Federal Rules of Evidence shall not apply to
    hearings under this title.
         At the end of the evidence, argument shall proceed with
    the Department of Justice opening and having final reply.
    Argument concerning evidence presented in camera and ex parte
    shall be heard under like circumstances. The Department has the
    burden to prove by clear and convincing evidence that the alien
    is an alien terrorist and thus subject to removal. If this
    burden is met, the judge shall order the alien detained pending
    removal and taken into custody if the alien had been released
    pending the hearing. The judge shall prepare a written order of
    findings of fact and conclusions of law, but shall not disclose
    to the public or the alien the source or substance of
    information received in camera and ex parte.
         Section 506 (``Consideration of classified information'')
    provides that the judge shall consider each item of classified
    information in camera and ex parte. The Department shall
    prepare a written summary of such classified information which
    summary does not pose a risk to the national security. The
    judge shall approve the summary if the judge finds that the
    summary is sufficient to inform the alien of the nature of the
    evidence and to permit the alien to prepare a defense; if the
    judge finds the summary insufficient, the Department shall have
    a reasonable opportunity to correct it.
         If the summary remains insufficient, the judge shall
    terminate the proceedings unless the judge finds that the
    continued presence of the alien or the provision of the summary
    would cause serious and irreparable harm to the national
    security or death or serious bodily injury to any person. If
    the judge makes these findings, the special removal proceeding
    shall continue, the alien shall be informed that no summary is
    possible, and the classified information submitted in camera
    and ex parte may be used pursuant to section 505(e).
         Section 506(c) provides special procedures for cases
    involving an alien lawfully admitted for permanent residence in
    which the judge determines that no summary of classified
    evidence may be provided to the alien. In such cases, the judge
    shall appoint a special attorney (see section 502(e)) to whom
    the classified information may be disclosed for purposes of
    representing the alien in an in camera proceeding on the
    evidence. The special attorney may not disclose the classified
    information to the alien or to any other attorney representing
    the alien, and is subject to a prison term of not less than 10
    nor more than 25 years in prison for violating these
    restrictions.
         Section 507 (``Appeals'') provides that the Department may
    seek review of a denial of an order to initiate a special
    removal hearing by filing an appeal within 20 days of the
    denial with the U.S. Court of Appeals for the D.C. Circuit.
    Either party may take an interlocutory appeal to the D.C.
    Circuit concerning evidentiary issues, including issues
    concerning the preparation and submission of a summary of
    classified information.
         The decision of the judge after the special removal
    hearing may be appealed by either the alien or the Department
    to the D.C. Circuit. In the case of an alien lawfully admitted
    for permanent residence who is denied a written summary of
    classified information under section 506(b)(4) and to whom the
    procedures under section 506(c) have been applied, there shall
    be an automatic appeal, unless waived by the alien. To the
    extent such an appeal concerns classified information, the
    special attorney appointed for the alien shall represent the
    alien.
         Appeals shall be filed within 20 days. The Court of
    Appeals shall hear the appeal as expeditiously as possible, and
    shall issue a decision within 60 days of the judge's final
    order. After the Court of Appeals decision, a petition for
    certiorari may be filed by either party to the Supreme Court.
    An appeal of an order of detention also shall be taken to the
    D.C. Circuit and shall be adjudicated in accordance with the
    provisions of sections 3145 through 3148 of title 18 regarding
    the review and appeal of a release or detention order,
    penalties for failure to appear or for committing a crime, and
    sanctions for violation of a release condition.
         Section 508 (``Detention and custody'') provides that the
    Attorney General may take into custody any alien against whom
    an application under section 503 has been filed to initiate
    special removal proceedings under this title. An alien lawfully
    admitted for permanent residence is entitled to a release
    hearing and may be released if the alien demonstrates that he
    is not likely to flee and that the release will not endanger
    national security or the safety of any person. An alien in
    detention under this title shall be entitled to reasonable
    opportunity to communicate with members of the alien's family
    or the alien's attorney, and to have contact with diplomatic
    officers of the alien's country of nationality.
         If the special removal judge denies the order sought for
    in an application under section 503, the alien shall be
    released from custody. If the Department seeks review of the
    denial, the judge shall impose the least restrictive conditions
    that will reasonable assure the appearance of the alien and
    that the release will not endanger the safety of any person or
    the community. If no such conditions exist, the alien shall
    continue to be detained.
         If after the hearing the judge decides that the alien
    should not be removed, the alien shall be released, unless the
    Attorney General takes an appeal, in which case the alien shall
    be detained subject to the conditions in section 3142 of title
    18. If after the hearing the judge decides that the alien is to
    be removed, the alien shall be detained pending judicial
    review.
         An alien ordered removed shall be removed to any country
    the alien shall designate. If the alien refuses to designate a
    country, or if removal to the designated country would impair
    an international obligation or adversely affect U.S. foreign
    policy, the removal shall be to any country willing to receive
    the alien. If no country is willing to receive the alien, the
    alien shall be detained. The Attorney General shall report to
    the alien's attorney every 6 months regarding efforts to find a
    country willing to accept the alien. An alien in this situation
    may be released by the Attorney General under such conditions
    as the Attorney General may prescribe. The removal of an alien
    ordered removed under this title may be delayed pending a
    criminal trial against the alien and the service of any
    sentence.
         This section also amends section 276(b) to provide that an
    alien terrorist removed under the provisions of this title or
    under subsection 235(c) who enters or attempts to enter the
    U.S. without the permission of the Attorney General shall be
    fined and imprisoned for 10 years.

    Sec. 322--Funding for detention and removal of alien terrorists

         This section authorizes to be appropriated, in addition to
    amounts already appropriated, $5,000,000 for the purpose of
    detaining and deporting alien terrorists.

          Part 2--Exclusion and Denial of Asylum for Alien Terrorists

    Sec. 331--Membership in a terrorist organization as ground of
            inadmissibility

         This section amends section 212(a)(3)(B) of the INA to
    provide that an alien who is a representative or member of an
    organization that engages in or actively supports or advocates
    terrorist activity is excludable from the U.S.
         This section also amends section 212(a)(3)(B) by adding a
    new clause (iv), defining ``terrorist organization'' to mean a
    foreign organization designated in the Federal Register by the
    Secretary of State, in consultation with the Attorney General,
    based on a finding that the organization engages in or has
    engaged in terrorist activity that threatens the national
    security. Congress shall be notified at least 3 days prior to
    the published designation and has the authority to remove, by
    law, any such designation. The designation shall be effective
    for 2 years and may be renewed not earlier than 60 days prior
    to its expiration. The Secretary of State, in consultation with
    the Attorney General, may remove a designation at any time. The
    designation is subject to judicial review.
         This section also adds a new clause (v) to section
    212(a)(3)(B), defining ``representative'' to include an
    officer, official, or spokesman of the organization and any
    person who directs, counsels, commands, or induces the
    organization to engage in terrorist activity. The determination
    of the Secretary of State or Attorney General that an alien is
    a representative of a terrorist organization is subject to
    judicial review.

    Sec. 332--Denial of relief for alien terrorists

        This section amends sections 243(h)(2) (withholding of
    deportation), 244(a) (suspension of deportation), 244(e)(2)
    (voluntary departure), 245(c) (adjustment of status), and
    249(d) (registry) to provide that an alien who is deportable
    under section 241(a)(4)(B) is not eligible for these forms of
    relief.

     Subtitle C--Deterring Transportation of Unlawful Aliens to the United
                                     States

    Sec. 341--Definition of stowaway

        This section amends section 101 of the INA to add a new
    paragraph (47), defining ``stowaway'' to mean any alien who
    obtains transportation without consent including through
    concealment. A passenger who boards with a valid ticket is not
    to be considered a stowaway.
        Comment:--``Stowaway'' is a term that has not previously
    been defined in the INA. Some passengers who board with valid
    tickets but destroy those tickets and other travel documents en
    route have been categorized as stowaways in the past. Current
    administrative practice limits the ``stowaway'' designation to
    passengers who have obtained passage without the consent of the
    carrier. Ordinarily, this will involve concealment on board the
    vessel, although it may on rare occasions result from failure
    to observe secure boarding procedures and allowing an illicit
    passenger who is plainly visible to obtain transport. This
    amendment is intended to codify the current administrative
    practice.
        The definition clarifies that the term ``stowaway'' does
    not apply to a passenger boarding with a ticket. The Committee
    is aware of the trend in the airline industry toward so-called
    ``ticketless'' travel and does intend that the term ``ticket''
    apply to any boarding pass or other authorization to travel
    validly obtained through such a ``ticketless'' system.

    Sec. 342--List of alien and citizen passengers arriving

        This section amends section 231(a) to provide that carriers
    shall provide electronic manifests of persons arriving in the
    U.S., and that such lists include for each person transported
    the person's name, date of birth, gender, citizenship, and
    travel document number (if applicable). This provision shall be
    effective not later than 60 days after enactment.

                       Subtitle D--Additional Provisions.

    Sec. 351--Definition of conviction

        This section amends section 101(a) of the INA to add a new
    paragraph (47), defining conviction to mean a formal judgment
    of guilt entered by a court. If adjudication of guilt has been
    withheld, a judgment is nevertheless considered a conviction if
    (1) the judge or jury has found the alien guilty or the alien
    has pleaded guilty or nolo contendere; (2) the judge has
    imposed some form of punishment or restraint on liberty; and
    (3) a judgment of guilt may be imposed without further
    proceedings on guilt or innocence of the original charge if the
    alien violates the term of probation or otherwise fails to
    comply with the court's order.

    Sec. 352--Immigration judges and compensation

        Subsection (a) amends paragraph (4) of section 101(b) to
    replace the definition of ``special inquiry officer'' with a
    definition of ``immigration judge:'' an attorney designated by
    the Attorney General as an administrative judge within the
    Executive Order for Immigration Review to conduct proceedings,
    including proceedings under section 240.
        Subsection (b) substitutes the term ``immigration judge''
    for ``special inquiry officer'' wherever it appears in the INA.
        Subsection (c) establishes a four-level pay scale for
    immigration judges, beginning at 70 percent and reaching 92
    percent of the next to highest rate of basic pay for the Senior
    Executive Service.

    Sec. 353--Rescission of lawful permanent resident status

        This section amends section 246(a) of the INA to clarify
    that the Attorney General is not required to rescind the lawful
    permanent resident status of a deportable alien separate and
    apart from the removal proceeding under section 240.

    Sec. 354--Civil penalties for failure to depart

        This section adds a new section 274D to the INA, providing
    that aliens under an order of removal who willfully fail to
    depart or to take actions necessary to permit departure (e.g.,
    apply for travel documents) to a $500 penalty for each day in
    violation. This section would not diminish the criminal
    penalties at section 243(a) (for failure to depart) or at any
    other section of the INA.

    Sec. 355--Clarification of district court jurisdiction

        This section clarifies that the grant of jurisdiction under
    section 279 of the INA is to permit the Government to institute
    lawsuits for enforcement of provisions of the INA, not for
    private parties to sue the Government. This has no effect on
    other statutory or constitutional grounds for private suits
    against the Government.

    Sec. 356--Use of retired Federal employees for Institutional Hearing
            Program

        This section permits the hiring of retired military or
    Federal civilian employees, with no reduction in retirement pay
    or annuity, for not longer than 24 months to perform duties in
    connection with the Institutional Hearing Program for removal
    of criminal aliens from the United States.

    Sec. 357--Enhanced penalties for failure to depart, illegal reentry,
            and passport and visa fraud

        This section instructs the Sentencing Commission to
    promptly promulgate amendments to the sentencing guidelines to
    reflect the amendments made in section 130001 and 130009 of the
    Violent Crime Control and Law Enforcement Act of 1994.

    Sec. 358--Authorization of additional funds for removal of aliens

        This section authorizes to be appropriated beginning in
    fiscal year 1996 the sum of $150,000,000 for costs associated
    with the removal of inadmissible or deportable aliens,
    including costs of detention of such aliens pending their
    removal. This section is intended to authorize sufficient funds
    in fiscal year 1996 for the hiring of 475 detention and
    deportation officers and support personnel and 475
    investigators and support personnel.

    Sec. 359--Application of additional civil penalties to enforcement

        This section amends section 280(b) to provide for
    establishment of the ``Immigration Enforcement Account,'' into
    which shall be deposited the civil penalties collected under
    sections 240B(d), 274C, 274D, and 275(b), as amended by this
    bill. The collected funds shall be used for specified
    immigration enforcement purposes.

    Sec. 360--Prisoner transfer treaties

        This section advises the President to negotiate and
    renegotiate bilateral prisoner transfer treaties to expedite
    the transfer to their countries of nationality of aliens
    unlawfully in the United States who are subject to
    incarceration. The negotiations are to ensure that a
    transferred prisoner serves the balance of the sentence imposed
    by the United States, and to eliminate any requirement of
    prisoner consent to such transfer. The President shall submit
    an annual certification to Congress on whether each prisoner
    transfer treaty in force is effective in returning criminal
    aliens to their countries of nationality.

    Sec. 361--Criminal alien identification system

        Subsection (a) amends section 130002(a) of the Violent
    Crimes Control and Law Enforcement Act of 1994 to require that
    the criminal alien identification system be used to assist
    Federal, State, and local law enforcement agencies in
    identifying and locating aliens who may be removable on account
    of criminal or other grounds. The system shall provide for
    recording of fingerprints of aliens previously arrested and
    removed.
        Subsection (b) provides that at the request of a governor
    of a State, the INS shall provide assistance in the
    identification of aliens unlawfully present in the United
    States.

    Sec. 362--Waiver of exclusion and deportation ground for certain
            section 274C violations

        Subsection (a) of this section amends subparagraph
    212(a)(6)(F) and adds a new paragraph 212(d)(12), to provide
    that an alien who is inadmissible for having been in violation
    of section 274C (civil document fraud) may have the ground of
    inadmissibility waived if the alien is a lawful permanent
    resident or an alien seeking admission and a family-sponsored
    or employment-based immigrant, and the violation was committed
    solely to assist the alien's spouse, parent, son, or daughter
    (and not another individual).
        Subsection (b) amends subparagraph 241(a)(3)(C) (prior to
    redesignation as section 237(a)(3)(C)) to provide a similar
    waiver for an alien who is deportable due to a section 274C
    violation.

    Sec. 363--Authorizing registration of aliens on criminal probation or
            criminal parole

        This section amends section 263(a) to authorize the
    registration by the Attorney General of aliens who are or who
    have been on criminal probation or criminal parole within the
    U.S.

    Sec. 364--Confidentiality provision for certain alien battered spouses
            and children

        This section provides that the Attorney General shall not
    make an adverse determination of admissibility or deportability
    against an alien or an alien's child using information
    furnished solely by certain individuals who have battered or
    subjected to extreme cruelty that alien or that alien's child,
    unless the alien has been convicted of a crime identified in
    redesignated section 237(a)(2). Neither shall the Attorney
    General permit use by, or disclosure to (other than to an
    officer of the Department of Justice for official and certain
    other designated purposes) any information that relates to an
    alien who is the beneficiary of an application for relief
    (which has not been denied) under section 204(a)(1)(B) (self-
    petition for immigrant visa by alien who has been battered or
    subject to extreme cruelty), section 216(c)(4)(C) (hardship
    waiver allowing removal of conditional permanent resident
    status based on qualifying marriage because alien spouse or
    child has been subject to battery or extreme cruelty), or
    section 244(a)(3) (suspension of deportation for alien spouse
    or child who has been subject to battery or extreme cruelty).
    (This prohibition also should extend to applications for
    cancellation of removal under new section 240A(b)(2)).
    Penalties are established for violations.

            TITLE IV--ENFORCEMENT OF RESTRICTIONS AGAINST EMPLOYMENT

    Sec. 401--Strengthened enforcement of the employer sanctions provisions

        This section requires that the number of full-time INS
    Investigators be increased by 350 and that the new agents be
    assigned to investigate violations of the employer sanctions
    provisions of the INA.

    Sec. 402--Strengthened enforcement of wage and hour laws

        This section requires the number of full-time Department of
    Labor Wage and Hour Division employees to be increased by 150
    and that the new agents be assigned to investigate violations
    in areas where there are high concentrations of undocumented
    aliens.

    Sec. 403--Changes in the employer sanctions program

        Subsection (a) amends section 274A(b)(1)(B) of the INA to
    strike clauses (ii) through (iv). This eliminates three
    categories of documents that now can be used to establish both
    employment authorization and identity: certificate of
    citizenship, certificate of naturalization, and unexpired
    foreign passport stamped by Attorney General with employment
    authorization. After this amendment, only a United States
    passport, alien registration card, or other employment
    authorization document issued by Attorney General would be
    acceptable to establish both identity and work authorization.
        Subsection (a) also amends section 274A(b)(1)(C) of the INA
    to eliminate a birth certificate as a document that can be used
    to establish work authorization. Only a social security card
    would be acceptable for this purpose. Subsection (a) also
    amends section 274A(b)(2) to require that an individual being
    hired provide his or her social security number on the
    employment verification attestation form.
        Subsection (b) (``Employment Eligibility Confirmation
    Process'') amends subsections (a) and (b) of section 274A to
    require the development and use, on a pilot basis, of an
    employment eligibility confirmation mechanism.
        Section 274A(a)(3) currently provides a defense against
    liability for hiring an unauthorized alien if the employer has
    complied in good faith with the document-based employment
    verification system in section 274A(b). Under this subsection,
    section 274A(a)(3) is amended to state that if an employer who
    (1) employs more than 3 employees and (2) is subject to the
    pilot program in 274A(b)(7) does not obtain appropriate
    confirmation through the new mechanism of the identity, social
    security number, and work eligibility of an individual through
    this process, this defense does not apply. To preserve the
    defense, an employer must make an inquiry through the mechanism
    within 3 working days after the date of hiring, unless the
    confirmation mechanism has registered that not all inquiries
    were responded to during that time, in which case the inquiry
    can be made on the first subsequent working day in which the
    confirmation mechanism is responding to all inquiries. The
    employer also must receive a confirmation within a time to be
    specified in regulations by the Attorney General (but not to
    exceed 10 working days), in order to preserve the defense.
        Section 274A(b)(3) currently provides that the employer
    must retain for a period of 3 years the verification form
    completed by the employee. This subsection amends section
    274A(b)(3) to incorporate the requirements in amended section
    274A(a)(3) regarding use of the confirmation mechanism to
    verify the accuracy of information provided on the form, and to
    require that the employer retain both the verification form as
    well as the receipt of confirmation for at least 3 years after
    the date of hiring, recruiting, or referral of the employee. It
    will be unlawful for an employer with more than 3 employees to
    hire an individual without complying with the new confirmation
    mechanism set out in section 274A(b)(3).
        Section 274A(b)(6) is amended to require the Attorney
    General (or a designee that may include a private entity) to
    respond to inquiries by employers, through a toll-free
    telephone line or other electronic media, in the form of a
    confirmation code signifying whether or not an individual is
    authorized to be employed. The Attorney General shall establish
    expedited procedures to confirm the validity of information
    used under the confirmation mechanism in cases in which
    confirmation is sought but not provided by the mechanism. The
    confirmation mechanism shall be designed to maximize the
    reliability and ease of use of the confirmation process
    consistent with protecting the privacy and security of the
    underlying information, and to register all times when the
    system is not able to respond to all inquiries on whether
    individuals are authorized to be employed. The mechanism shall
    compare the name and social security account number and, in
    certain instances, the alien identification number, supplied by
    the new employee against records of the Social Security
    Administration and the INS to determine the validity of the
    information provided and whether or not the individual has
    presented a social security number or an alien number that is
    not valid for employment. The Attorney General shall provide a
    confirmation or tentative nonconfirmation within 3 working days
    of the initial inquiry. The Attorney General, in consultation
    with the Commissioner of Social Security and the Commissioner
    of INS, shall designate an expedited time period (not to exceed
    10 days) within which final confirmation or denial must be
    provided through the confirmation mechanism. No social security
    information may be disclosed or released.
        No individual shall be denied employment because of
    inaccurate or inaccessible data in the confirmation mechanism,
    and the Attorney General shall provide a timely and accessible
    process for challenging failures to confirm eligibility for
    employment. If an individual would not have been dismissed from
    a job but for an error of the confirmation mechanism, the
    individual is entitled to compensation through the mechanism of
    the Federal Tort Claims Act. The Attorney General also shall
    implement a program of testers and investigative activities to
    monitor and prevent unlawful discrimination through use of the
    mechanism. No person shall be civilly or criminally liable for
    any action taken in good faith reliance on information provided
    through the confirmation mechanism.
        A new section 274A(b)(7) is added to require that the new
    requirements for employers added in subsection (b) shall only
    be implemented (and tested for reliability and ease of use)
    through pilot projects in at least 5 of the 7 States with the
    highest estimated population of unauthorized aliens. The pilot
    projects shall be started within 6 months of the date of
    enactment, and shall terminate by no later than October 1,
    1999. The confirmation mechanism shall not be established in
    other States unless Congress so provides by law. The Attorney
    General shall issue annual reports, beginning in 1997, on the
    development and implementation of the mechanism in the pilot
    states. The reports may include information on whether the
    mechanism: is reliable and easy to use; limits to less than 1
    percent job loss due to inaccurate information; increases or
    decreases discrimination; protects individual privacy; and
    burdens employers with costs or administrative requirements.
        Subsection (c) amends section 274A(a) by adding a new
    paragraph (6), to reduce paperwork requirements for the
    subsequent employers of certain employees whose eligibility to
    work has been confirmed by a prior employer. This provision
    applies in the case of an individual who is employed under a
    collective bargaining agreement entered into with an
    association of two or more employers, whose prior employer has
    complied with the employment verification process, and whose
    subsequent employer is a member of the same multi-employer
    association. The period during which this deeming can take
    place is up to 5 years in the case of a United States national
    or an alien lawfully admitted for permanent residence, and 3
    years in the case of any other individual.
        If an employer who has taken advantage of this provision is
    found to have hired an unauthorized alien, that hiring shall be
    presumed to be a knowing hire in violation of section 274A(a).
    The employer may rebut the presumption by presentation of clear
    and convincing evidence.
        Subsection (d) strikes subsection (i) through (n) of
    section 274A, which are dated provisions.
        Subsection (e) sets forth effective dates for the
    amendments made by this section. In general, the amendments
    shall be effective not later than 180 days after the date of
    enactment. The amendments made in subsections (a)(1) and (a)(2)
    (regarding reductions in the number of documents that may be
    presented by new employees) shall be effective not later than
    18 months after enactment. The amendments made in subsection
    (c) (paperwork reduction) shall apply to all individuals hired
    on or after 60 days after enactment.
        In addition, the Attorney General shall within 180 days of
    enactment issue regulations which provide for electronic
    storage of the I-9 form, in satisfaction of the record
    retention requirements in section 274A(b)(3).

    Sec. 404--Reports on earnings of aliens not authorized to work

        This section revises section 290(c) of the INA to require
    that the Social Security Administration (SSA) report to
    Congress on the number of social security numbers issued to
    aliens not authorized to be employed in the United States for
    which earnings were reported to the SSA. After January 1, 1996,
    if earnings are reported to the SSA for any such social
    security account number, the SSA shall report to the Attorney
    General the name and address of the person for whom the
    earnings were reported and the name and address of the person
    (employer) reporting the earnings.

    Sec. 405--Authorizing maintenance of certain information on aliens

        This section amends section 264 of the INA to clarify that
    the Attorney General may require any alien to provide his or
    her social security number to include in any record of the
    alien.

    Sec. 406--Limiting liability for certain technical violations of
            paperwork requirements

        This section amends section 274A(e)(1) to provide that an
    employer shall not be considered to have been in violation of
    the verification requirements based upon a technical or
    procedural failure to meet a requirement unless the INS has
    explained the basis for the failure and given the employer 10
    business days to correct it, and the employer has not corrected
    the failure during that period.

    Sec. 407--Unfair immigration-related employment practices

        Subsection (a) amends section 274B(g)(2) to require that
    employers subject to a final order for an immigration-related
    unfair employment practice be ordered to retain records for
    each person applying for employment for a period up to 3 years
    and be fined not less than $250 nor more than $2000 for each
    individual discriminated against.
        Subsection (b) amends section 274B(a)(6) by providing that
    in the case of an employee who has presented a time-limited
    work authorization document to satisfy section 274A(b)(1), an
    employer may request a document proving that employment
    authorization has been renewed. The amendment also provides
    that if the employer has reason to believe that an alien who
    has presented a document valid on its face is nevertheless an
    unauthorized alien, the employer may inform the employee of the
    questions regarding the document's validity and the employer's
    intention to verify its validity. If the verification confirms
    that the employee is unauthorized to work, the employee may be
    discharged with no benefits or rights accruing on the basis of
    the period employed.

                  TITLE V--REFORM OF LEGAL IMMIGRATION SYSTEM

    Sec. 500--Overview of new legal immigration system

        This section provides an overview of the legal immigration
    system that will be in effect beginning with fiscal year 1997.

                     Subtitle A--Worldwide Numerical Limits

    Sec. 501--Worldwide numerical limitation on family-sponsored immigrants

         This section amends section 201(c) to provide for a
    worldwide level for family-sponsored immigrants of 330,000.
    This level is to be reduced (but not below 110,000) for each
    fiscal year by the number of spouses and children of citizens
    admitted as immigrants in the previous fiscal year. There will
    be no limit on admission of spouses and children of citizens.
    The number of visas available to spouses and children of lawful
    permanent residents would not go below 85,000, and the number
    for parents of United States citizens would not go below
    25,000. Any excess in family immigration above 330,000 would
    come from other unused immigrant visas.
         Reductions for excess family-based admissions would be
    computed in the following manner. The number of excess family
    admissions is the extent to which the number of family-based
    immigrant visas exceeded 330,000 in a given fiscal year. This
    excess would first be offset by the number of unused immigrant
    visas in that year in the employment-based categories. If any
    excess remained (``net excess''), the worldwide family level
    for the following fiscal year would be reduced by the amount of
    the net excess (but not below 110,000: 85,000 for the spouses
    and children of lawful permanent residents, and 25,000 for the
    parents of citizens). If any excess still remained (``remaining
    excess''), there would be reductions during the following
    fiscal year of up to half of the otherwise available visas in
    the category for investors (total available = 10,000). Any
    remaining excess (``carryforward excess'') would be carried
    over into the calculations for subsequent fiscal years and
    would be drawn down by similar borrowing in following fiscal
    years from the investor category.

    Sec. 502--Worldwide numerical limitation on employment-based immigrants

         This section amends section 201(d) to provide that the
    worldwide level for employment-based immigrants is 135,000.
    This number may be reduced by the number of investor visas (not
    to exceed 5,000) used to offset excess family admissions (see
    section 501), and also by the number of visas (not to exceed
    5,000) made available under section 512 to meet excess demand
    in the category for adult sons and daughters.

    Sec. 503--Worldwide numerical limitation on diversity immigrants

         This section amends section 201(e) to provide that the
    worldwide level of diversity immigrants is 27,000 for each
    fiscal year.

    Sec. 504--Establishment of numerical limitations on humanitarian
            immigrants

         This section amends subsections (a)(4) and (f) of section
    201 to provide a worldwide level of humanitarian immigrants
    equal to 70,000 for each fiscal year (95,000 for FY 1997). The
    worldwide level shall be reduced by the number of aliens (not
    to exceed 50,000, or 75,000 in FY 1997, unless the number is
    increased by Congress) who were admitted as non-emergency
    refugees under section 207 in the previous year, by the number
    of aliens granted asylum who adjusted status under section
    209(b) in the previous year, and by the number of aliens who
    were granted relief under suspension of deportation (current
    section 244(a)), section 240A (cancellation of removal) and 249
    (registry) in the prior fiscal year.

    Sec. 505--Requiring congressional review and reauthorization of
            worldwide levels every 5 Years

         This section amends section 201 by adding a new subsection
    (g), providing that each fifth fiscal year starting in 2004,
    the Congress, after thorough review of appropriate immigration
    levels by the Committees on the Judiciary of the House and the
    Senate, shall authorize by law the worldwide levels to apply
    beginning with the second subsequent fiscal year (i.e., FY
    2006). The worldwide levels specified previously in section 201
    are applicable only for the period of such authorization.

                    Subtitle B--Changes in Preference System

    Sec. 511--Limitation of immediate relatives to spouses and children

         This section amends section 201(b)(2)(A) to substitute the
    phrase ``spouses and children of a citizen of the United
    States'' in place of ``immediate relatives.''
         This section also adds a new subsection (i) to section
    204, to provide that the age of an alien child being issued an
    immigrant visa as a nuclear family member shall be determined
    as of the date of the filing of a classification petition under
    section 204(a)(1). This is to prevent such children from
    ``aging out'' of eligibility to immigrate if they turn 21 while
    waiting for a visa to become available.

    Sec. 512--Change in family-sponsored classification

         Subsection (a) amends section 203(a) by striking
    paragraphs (1) through (4) (the current family-sponsored
    preference categories) and inserting new paragraphs (1), (2),
    and (3).
         Section 203(a)(1) defines as the first family-sponsored
    preference category the spouses and children of aliens lawfully
    admitted for permanent residence. The number for this category
    is not to exceed 85,000, plus any unused visas in the second
    category.
         Section 203(a)(2) defines the second family-sponsored
    preference category as the parents of U.S. citizens. The number
    of visas assigned to this category is the lesser of 45,000 or
    the number by which the worldwide level calculated under
    amended section 201(c) exceeds 85,000, but shall not be less
    than 25,000. Such aliens may only be admitted if they meet
    certain insurance requirements in new section 212(a)(4)(D).
         Section 203(a)(3) defines the third family-sponsored
    preference category as the adult sons and daughters of either a
    citizen of the United States or of a lawful permanent resident,
    provided that the son or daughter is less than 26 years of age,
    never-married, childless, and eligible, but for the residence
    requirements, to be declared as a dependent for Federal income
    tax purposes. The number of visas available for this category
    shall be the lesser of 5,000 or the number by which the
    worldwide family level exceeds the sum of 85,000 plus the
    number of visas used for parents of U.S. citizens under section
    203(a)(2). If the demand for such visas exceeds 5,000 (or the
    lesser number referred to in the previous sentence), up to
    5,000 additional visas may be made available by reducing the
    number of visas in the employment-based categories in
    proportion to the visa numbers allocated for each of those
    categories. A son or daughter admitted under this category
    shall be admitted on a conditional basis. The Attorney General
    shall issue regulations for the removal of conditional status
    similar to those set forth in section 216A. An alien in such
    status must demonstrate that he or she met the requirements for
    admission in this category on the date of approval of the
    alien's classification petition.
         Subsection (b) amends section 212(a)(4) (the public charge
    ground for inadmissibility, as amended by section 621 of H.R.
    2202) by adding a new subparagraph (D). This provision requires
    that an alien who seeks admission as a parent must demonstrate
    to the satisfaction of the Attorney General and the consular
    officer that the alien will have adequate health insurance
    comparable to that provided under the Medicare program (title
    XVIII) of the Social Security Act), and long-term health
    coverage comparable to that provided under the Medicaid program
    (title XIX). In making this determination, the Attorney General
    shall take into account the age of the parent and the
    likelihood of the parent securing health insurance through
    employment.

    Sec. 513--Change in employment-based classification

         Subsection (a) amends section 203(b) by striking
    paragraphs (1) through (5) (the current employment-based
    preference categories) and inserting new paragraphs (1) through
    (6).
         Paragraph (1) defines as the first employment-based
    preference category aliens with extraordinary ability, and
    assigns to this category visas not to exceed 15,000. This
    category includes aliens currently defined in section
    203(b)(1)(A).
         Paragraph (2) defines as the second employment-based
    preference category aliens who are outstanding professors and
    researchers or multinational executives and managers, and
    assigns to this category visas not to exceed 30,000, plus any
    visas not required under paragraph (1). This category includes
    aliens currently defined in section 203(b)(1)(B) and (C).
         Paragraph (3) defines as the third employment-based
    preference category aliens who are members of the professions
    holding advanced degrees or aliens of exceptional ability, and
    assigns to this category visas not to exceed 30,000, plus any
    unused visas from the previous categories. This category
    includes aliens currently defined in section 203(b)(2) as
    members of the professions holding advanced degrees or aliens
    of exceptional ability.
         Aliens admitted under paragraph (3) are subject to the
    labor certification requirement under section 212(a)(5)(A).
    This requirement may be waived in the national interest if such
    action is necessary to substantially benefit the national
    defense, national security, or law enforcement; health care,
    housing, or educational opportunities in a low-income
    population or in an underserved area; economic or employment
    opportunities for a specific industry or geographic area; the
    development of new technologies; or environmental protection or
    the productive use of natural resources. An alien admitted on
    such a waiver must engage in a specific undertaking to advance
    one or more of these interests.
         Paragraph (4) defines as the fourth employment-based
    preference category skilled workers and professionals, and
    assigns to this category visas not to exceed 45,000, plus any
    unused visas from the previous categories. Under subparagraph
    (B), an alien is a skilled worker if the alien is capable of
    performing skilled labor requiring at least 2 years training or
    experience, not of a temporary or seasonal nature, for which
    qualified workers are not available in the United States, and
    who has a total of 4 years of training or experience (or both)
    with respect to such labor. Under subparagraph (C)(i), an alien
    is a professional if the alien holds a baccalaureate degree and
    has at least 2 years experience in the profession after such
    degree. Under subparagraph (C)(ii), an alien who is a teacher
    and has within the previous 5 years at least 2 years of
    experience teaching a language other than English full-time
    also may be admitted as a professional if the alien is seeking
    admission to teach such language at an accredited elementary or
    middle school. A labor certification under section 212(a)(5)(A)
    also is required for immigrants under this paragraph.
        Paragraph (5) defines as the fifth employment-based
    preference category investors seeking admission for the purpose
    of engaging in a new commercial enterprise in which the alien
    has invested $1 million and will employ full-time not less than
    10 U.S. citizens or lawful permanent residents. Visas assigned
    are not to exceed 10,000, less the reduction provided in
    section 201(c)(5)(A) for excess family-based admissions. This
    section also provides for establishment of a pilot program to
    permit in fiscal years 1997 and 1998 the issuance of 2,000 of
    these investor visas to immigrants willing to invest $500,000
    in an enterprise that will employ 5 full-time employees. The
    Attorney General shall submit a report to Congress in 1998 on
    the operation of this pilot program, with recommendations.
        Paragraph (6) defines as the sixth employment-based
    preference category qualified special immigrants defined in
    section 101(a)(27), with 5,000 assigned visas, not more than
    4,000 of which may be issued to special religious workers under
    section 101(a)(27)(C)(ii)(II) or (III).
        Paragraph (7) is the new designation for current paragraph
    (6), dealing with special K immigrants.
        Paragraph (8) provides that work experience as an
    unauthorized alien shall not be taken into account in
    calculating the experience required under this subsection.
        Subsection (b) adds a new section 216B to the INA, under
    which the provisions of section 216A regarding conditional
    permanent resident status shall apply to foreign language
    teachers admitted under section 203(b)(3)(C)(ii). Such teachers
    shall remain in conditional status for a period of five years,
    less the number of years the teacher spent teaching a language
    other than English full-time at the elementary or middle school
    level during the 5 years immediately prior to obtaining
    conditional permanent resident status.

    Sec. 514--Changes in diversity immigrant program

        Subsection (a) amends section 203(c)(1)(B)(ii) to provide
    that the Attorney General shall identify, within each region,
    the 10 states which had the highest number of registrants for
    the diversity immigrant program between October 1, 1994 and
    September 30, 1996, and which are not high-admission states.
    This subsection also amends section 203(c)(1)(E) to provide
    that only natives of these 10 states in each region are
    eligible for diversity visas.
        Subsection (b) amends section 203(c)(1)(F) to strike the
    designation of Northern Ireland as a separate foreign state and
    by treating Mexico as part of North America.
        Subsection (c) amends section 203(c)(2) to provide that an
    alien is not eligible for a diversity visa unless the alien has
    a verified job offer in the United States; at least a high
    school education or its equivalent; and at least two years
    experience in an occupation which requires 2 years of training.
        Subsection (d) amends section 203(c) by adding a new
    paragraph (4), providing that the Secretary of State may set
    fees for processing applications and issuing visas under the
    diversity program, and adding a new paragraph (5), providing
    that no alien who is unlawfully present in the United States at
    the time of filing an application, or has been unlawfully
    present within the previous 5 years or at any time subsequent
    to the application, is eligible for a diversity visa.

    Sec. 515--Authorization to require periodic confirmation of
            classification petitions

        Subsection (a) amends section 204(b) to add a new paragraph
    (2) providing that the Attorney General may provide that an
    approved classification petition shall expire not less than two
    years after the date of approval unless the petitioner files a
    prescribed form to reconfirm the continued intention of the
    petitioner to seek admission of the alien and to update the
    contents of the petition.
        Subsection (b) provides that, with exceptions to ensure
    that no previously-filed petition expires before October 1,
    2000, the amendments made by subsection (a) shall not apply to
    classification petitions filed before October 1, 1996.

    Sec. 516--Changes in special immigrant status

        Subsection (a) repeals certain obsolete special immigrant
    provisions.
        Subsection (b) amends section 101(a)(27) to provide special
    immigrant status for certain NATO civilian employees.
        Subsection (c) adopts a conforming amendment to section
    101(a)(15)(N) regarding nonimmigrant status for certain parents
    of special immigrant children.
        Subsection (d) amends section 101(a)(27)(C)(ii) to extend
    the sunset date for the religious worker special immigrant
    category to FY 2005.
        Subsection (e) makes additional conforming amendments.
        Subsection (f) provides that, unless otherwise specified,
    the amendments made by this section shall be effective on the
    date of enactment.

    Sec. 517--Requirements for removal of conditional status of
            entrepreneurs

        Subsection (a) revises section 216A(b)(1)(B)(ii) to provide
    that the conditional permanent resident status of an alien
    entrepreneur may be terminated if it is determined that the
    alien did not invest the requisite capital and employ the
    requisite number of employees throughout substantially the
    entire period [up to 2 years] since the alien's admission. A
    good faith exception is provided for an alien who attempts to
    meet the capital investment and employment requirements but is
    unable to do so due to circumstances beyond the alien's
    control. For such an alien, the period for applying for removal
    of conditional status and for terminating such status shall be
    extended for up to 3 years to enable to alien to meet the
    capital and employment requirements for a period of 2 years.
        Subsection (b) provides that the amendments in this section
    shall apply to aliens admitted on or after the date of
    enactment.

    Sec. 518--Adult disabled children

        This section amends the definition of ``child'' in section
    101(b)(1) to include the child of a citizen or lawful permanent
    resident, regardless of age, who has never been married, and
    who has a severe mental or physical impairment which is likely
    to continue indefinitely and causes substantially total
    inability to perform functions necessary for independent
    living. A child may not be considered disabled unless the
    physical or mental impairment is being ameliorated to the
    maximum extent reasonably possible given the resources of the
    child and the parent.

    Sec. 519--Miscellaneous conforming amendments

        Subsection (a) makes various conforming amendments relating
    to the striking of the term ``immediate relative'' to describe
    an immigrant visa category.
        Subsection (b) makes a number of conforming amendments for
    family-sponsored immigrants. This subsection also revises
    paragraph (4) of section 202(a) to provide that 75 percent of
    the visas available to family-sponsored immigrants in the new
    first preference category (spouses and children of aliens
    lawfully admitted for permanent residence) shall not be subject
    to the per-country levels in paragraph of section 202(a)(2).
    If, for a particular foreign state or dependent area, the
    number of aliens admitted in the first preference category
    exceeds the per country level, then for purposes of the
    operation of section 202(e), all visas shall be deemed to have
    been required for the first preference category. No visas then
    would be available for the second preference category
    (parents).
        Subsection (c) makes a number of conforming amendments
    relating to employment-based immigrants, including special K
    immigrants.

           Subtitle C--Refugees, Parole, and Humanitarian Admissions

    Sec. 521--Changes in refugee annual admissions

        Subsection (a) amends paragraphs (1) and (2) of section
    207(a) to provide that the number of annual refugee admissions
    designated by the President may not exceed 75,000 in fiscal
    year 1997 or 50,000 in any succeeding fiscal year. The number
    may exceed these limits if Congress by law provides for a
    higher number.
        Subsection (b) amends section 207(b) and section
    207(d)(3)(B) to strike the modifier ``unforeseen'' before the
    word ``emergency.'' The effect of this change is to enable the
    President to exercise the authority to admit refugees on an
    emergency basis regardless of whether the specific emergency
    was foreseen or unforeseen.
        Subsection (b) also amends section 207(d)(1) to require
    that the President shall report before June 1 of the preceding
    fiscal year to the Judiciary Committees of the House and Senate
    on the foreseeable number of refugees requiring resettlement.
    It also amends section 207(e) to require that the consultation
    with respect to the admission of refugees shall occur before
    July 1 of the preceding fiscal year and in the case of
    emergency refugee admissions, not later than 30 days after the
    President proposes such admissions.
        The Committee intends that the President's determination of
    the annual number of refugee admissions as described in
    subsection (a)(1) occur after the consultation process
    prescribed in section 207(d)(1). Only in this way will the
    consultation process serve its intended purpose of giving
    Congress a meaningful role in establishing refugee policy. In
    the absence of an emergency, the President's determination
    shall not exceed the target established in section 207(a),
    although the President can request that Congress raise that
    target level be raised.

    Sec. 522--Persecution for resistance to coercive population control
            methods

        Subsection (a) amends the definition of refugee at section
    101(a)(42) to provide that a person who has been forced to
    abort a pregnancy or to undergo involuntary sterilization, or
    who has been persecuted for failure or refusal to undergo such
    a procedure or for other resistance to a coercive population
    control program shall be deemed to have been persecuted on
    account of political opinion, and a person who has a well
    founded fear of being compelled to undergo such a procedure or
    being subject to such persecution shall be deemed to have a
    well founded fear of persecution on account of political
    opinion.
        Subsection (b) amends section 207(a) to provide that not
    more than 1,000 refugees shall be admitted on the basis of
    persecution under coercive population control policies.
        Further explanation of this provision is set forth in the
    preceding discussion of the provisions of H.R. 2202.

    Sec. 523--Parole available only on a case-by-case basis for
            humanitarian reasons or significant public benefit

        Subsection (a) amends section 212(d)(5) to provide that the
    Attorney General may on a case-by-case basis parole an alien
    into the United States temporarily only for an urgent
    humanitarian reason (limited to medical emergencies or the
    imminent death of a family member) or for a reason deemed
    strictly in the public interest (limited to cases where the
    alien's presence is required as a witness or the alien has
    assisted the United States Government and the alien's life
    would be threatened if not permitted to be in the United
    States; or to cases where the alien is to be prosecuted in the
    United States for a crime). The Attorney General shall submit a
    report not later than 90 days after the end of each fiscal year
    reporting on the number and status of aliens paroled.
        Subsection (b) makes these changes effective to individuals
    paroled into the U.S. on the first month beginning more than 60
    days after the date of enactment.

    Sec. 524--Admission of humanitarian immigrants

        This section amends section 203(c) to provide for the
    admission, subject to the worldwide level specified in section
    201(e) (as amended by section 503 of this bill), of qualified
    immigrants of special humanitarian concern to the U.S. Such
    immigrants shall be selected on a case-by-case basis after
    having been identified for potential eligibility by the
    Attorney General. One acceptable use of this visa might be in a
    particularly egregious case of battery, where the battered
    alien may not otherwise qualify for relief under the INA. It is
    contemplated that the Attorney General will have the discretion
    to defer adverse action against a candidate for a humanitarian
    visa (who is otherwise deportable) for a short period of time
    until a humanitarian visa becomes available.
        An alien who is a refugee is not entitled to admission as a
    humanitarian immigrant unless there are compelling reasons in
    the public interest to admit the alien under this provision
    rather than under section 207.
        This section also limits issuance of humanitarian visas to
    50 percent of a single foreign state's (or 15 percent of a
    dependent area's) allotted level of immigrant visas. The
    Attorney General may waive the public charge ground of
    inadmissibility in the case of a humanitarian immigrant.

                           Subtitle D--Asylum Reform

    Sec. 531--Asylum reform

        This section will amend section 208 of the Immigration and
    Nationality Act.
        Section 208(a) provides that any alien who is physically
    present in the United States or at the border of the United
    States, regardless of status, is eligible to apply for asylum.
    However, an alien is not eligible to apply if the Attorney
    General determines that the alien can be returned to a country
    (other than the alien's country of nationality or last habitual
    residence) in which the alien's life or freedom would not be
    threatened on account of race, religion, nationality,
    membership in a particular social group, or political opinion,
    and where the alien would have access to a full and fair
    procedure for determining a claim to asylum or equivalent
    temporary protection. The Attorney General may, however, permit
    such an alien to apply if it is in the public interest for the
    alien to be granted asylum in the United States. An alien also
    is not eligible to apply if the alien has not filed an
    application within 30 days of arriving in the United States, or
    if the alien has previously applied for and been denied asylum;
    these bars do not apply if the alien demonstrates the existence
    of fundamentally changed circumstances which affect the
    applicant's eligibility for asylum. A determination by the
    Attorney General that an alien is ineligible to apply for
    asylum due to one of these enumerated reasons is not subject to
    judicial review.
        In applying the time deadline in section 208(a), the
    Committee expects that the Attorney General will promulgate a
    form of application for asylum in which the applicant will be
    required to present only a brief statement of his or her claim,
    and which can be completed by the applicant in a brief period
    of time, with minimal assistance. Further presentation of the
    details of the applicant's claim would be presented prior to or
    at the time of the interview by the asylum officer.
        Subsection (b) provides that asylum may be granted to an
    alien who meets the definition of a refugee under section
    101(a)(42) of the INA. Asylum may not be granted to an alien
    who has engaged in persecution of others, has been convicted of
    a particularly serious crime (including an aggravated felony),
    has committed a serious non-political crime outside of the
    U.S., is regarded on reasonable grounds as a danger to national
    security, is inadmissible on national security or terrorist
    grounds, or has been firmly resettled in another country. The
    Attorney General may designate by regulation additional
    limitations and conditions on eligibility for asylum. A spouse
    or child of an alien granted asylum, if accompanying or
    following to join such alien, may be given the same status.
        Subsection (c) provides that an alien granted asylum shall
    not be removed to his country of nationality or last habitual
    residence, shall be granted authorization to work, and may be
    allowed to travel abroad with prior consent of the Attorney
    General. This subsection also provides that asylum may be
    terminated if the alien: is no longer a refugee under section
    101(a)(42); is ineligible for asylum under subsection (b); may
    be returned to a third country where the alien would receive
    asylum or other temporary protection; has voluntarily returned
    to his country of nationality or last habitual residence with
    lawful permanent resident or equivalent status; or has acquired
    a new nationality which confers protection on the alien. A
    determination that asylum should be terminated is not subject
    to judicial review. An alien whose asylum is terminated is
    subject to any applicable ground of inadmissibility or
    deportation.
        Subsection (d) provides that the Attorney General shall
    establish procedures for considering applications for asylum.
    The applicant must submit fingerprints and a photograph. An
    applicant is not entitled to be employed and, unless otherwise
    authorized to be employed, cannot be granted permission to work
    until at least 180 days after the filing of the asylum
    application. The Attorney General may charge a fee for asylum
    applications, and may provide for payment over time or in
    installments. The alien shall be provided at the time of
    application a notice of the consequences of knowingly filing an
    application for asylum that is frivolous (including an
    application that contains a willful misrepresentation of a
    material fact), as well as a current list of attorneys willing
    to represent asylum applicants on a pro bono basis.
        Subsection (d) also provides that the asylum procedures
    shall include the following: that asylum cannot be granted
    until the identity of the applicant is checked against all
    appropriate records maintained by the Attorney General and the
    Secretary of State, including the Automated Visa Lookout
    System, to determine if the alien is inadmissible or deportable
    from the U.S.; that in the absence of exceptional circumstances
    the initial interview on the asylum application shall take
    place within 45 days of the application and the administrative
    adjudication (not counting administrative appeal) concluded
    within 180 days; that administrative appeals are to be filed
    within 30 days of initial decision; and that an application may
    be dismissed if the alien fails to appear for a scheduled
    hearing or interview without advance notice or in the case of
    exceptional circumstances. Nothing in subsection (d) shall be
    construed to create any substantive or procedural right or
    benefit that is enforceable by any party against the United
    States.
        Subsection (b) makes conforming and clerical amendments.
    Subsection (c) provides that the amendments made by this
    section shall take effect on the first day of the first month
    beginning more than 180 days after the date of enactment.

    Sec. 532--Fixing numerical adjustments for asylees at 10,000 each year

        This section amends section 209(b) to provide that not more
    than 10,000 persons who have been granted asylum may in any one
    year adjust to the status of an alien lawfully admitted for
    permanent residence.

    Sec. 533--Increased resources for reducing asylum application backlogs

        This section authorizes the temporary employment, without
    reduction in retired pay, retainer pay, or annuity, of former
    members of the Armed Forces or retired employees of the Federal
    Government to adjudicate applications for asylum pending as of
    the date of enactment. This section also authorizes, subject to
    the availability of appropriations, an increase to 600 in the
    number of asylum officers by FY 1997.

           Subtitle E--General Effective Dates; Transition Provisions

    Sec. 551--General effective date

        The amendments made by this title, unless otherwise
    specified, shall take effect October 1, 1996, and apply
    beginning with fiscal year 1997.

    Sec. 552--General transition for current classification petitions

        This section provides for transition of current
    classification petitions to the amendments made by this title.
    Under subsection (a), any petition filed before October 1,
    1996, for immediate relative status under section 201(b)(2)(A)
    (as in effect before October 1, 1996), shall be deemed to be an
    application for status under amended section 201(b)(2)(A)
    (spouse or child) or under amended 203(a)(2) (parent). A
    petition filed for preference status under existing section
    203(a)(2) (spouse or child of a lawful permanent resident)
    shall be deemed on October 1, 1996, to be a petition under
    amended section 203(a)(1).
        Under subsection (b), similar transition is made for
    petitions for employment-based visas filed prior to October 1,
    1996.
        Under subsection (c), when an immigrant holding an
    unexpired immigrant visa issued before October 1, 1996, makes
    application for admission, the immigrant's admissibility under
    section 212(a)(7)(A) shall be determined as of the date the
    visa was issued.
        Subsection (d) provides that nothing in this title shall be
    construed to affect the following provisions: section 2(c)(1)
    of the Virgin Islands Nonimmigrant Alien Adjustment Act of 1982
    (Pub. L. 97-271) (waiving application of numerical limitations
    to aliens who adjust immigration status under that Act);
    section 202(e) of the Immigration Reform and Control Act of
    1986 (Pub. L. 99-603) (Cuban-Haitian adjustments); and section
    19 of the Immigration and Nationality Act Amendments of 1981
    (Pub. L. 97-116).

    Sec. 553--Special transition for certain backlogged spouses and
            children of lawful permanent resident aliens

        This section provides that in addition to immigrant visas
    otherwise available, a number of immigrant visas shall be
    available in each year from 1997 to 2001 for aliens who have
    petitions approved for classification as spouses or minor
    children of lawful permanent residents. The number of such
    additional visas shall be the greater of 50,000, or 20 percent
    of the number of aliens for whom petitions are pending at the
    beginning of the fiscal year, and with respect to whom the
    petitioning alien became a lawful permanent resident under
    section 210 (Special Agricultural Worker legalization) or 245A
    (legalization).
        The additional visas shall be available in the order in
    which the petition for classification of the alien has been
    filed with the Attorney General, and shall first be available
    to the spouses and children of lawful permanent residents who
    did not gain that status under the legalization (section 245A)
    or special agricultural worker (section 210) programs. The per
    country numerical limitations of section 202 shall not apply
    with respect to the additional visa numbers made available
    under this section. The Attorney General shall submit a report
    to Congress by April 1, 2001, on the operation of this section
    and whether it will result in visas being made available on a
    current basis by October 1, 2001.

    Sec. 554--Special treatment of certain disadvantaged family first
            preference immigrants

        This section provides that the per country numerical
    limitations in section 202(a) shall not apply in the last half
    of fiscal year 1996 to the extent necessary to ensure that the
    priority date for an alien classified as an unmarried son or
    daughter of a citizen is not earlier than the priority date for
    aliens classified as unmarried sons and daughters of aliens
    lawfully admitted for permanent residence.
        This section also provides that additional visa numbers
    shall be available in fiscal year 1997 without regard to per
    country numerical limitations for alien sons and daughters of
    citizens for whom a preference petition was approved as of
    September 30, 1996, and whose priority date was earlier than
    the priority date for alien sons and daughters of lawful
    permanent resident aliens of the same nationality for whom a
    petition had been approved on that date.

    Sec. 555--Authorization of reimbursement of petitioners for eliminated
            family-sponsored categories

        Subsection (a) provides that there shall be a procedure to
    reimburse, subject to appropriations, all fees required to be
    paid under the INA by a petitioner for a family-sponsored visa
    in a category eliminated by this bill, provided that the visa
    has not been issued and the petition has not been disapproved.
        Subsection (b) authorizes the appropriation of funds
    necessary to carry out this section.

             TITLE VI--RESTRICTIONS ON BENEFITS FOR ILLEGAL ALIENS

    Sec. 600--Statements on national policy concerning welfare and
            immigration

        This section states national policy with respect to welfare
    and immigration.

         Subtitle A--Eligibility of Illegal Aliens for Public Benefits

                       Part 1--Public Benefits Generally

    Sec. 601--Making illegal aliens ineligible for public assistance,
            contracts, and licenses

        Subsections (a) and (b) provide that aliens not lawfully
    present in the United States are ineligible to receive benefits
    under any means-tested program provided or funded, in whole or
    in part, by the Federal or State Governments and also are
    ineligible to receive any grant, to enter into any contract or
    loan agreement, or to be issued or have renewed any
    professional or commercial license, provided or funded by the
    Federal or State Governments.
        Subsection (c) provides that Federal agencies must require
    applicants to provide sufficient proof of identity to receive a
    Federal contract, grant, loan, or license, or the following
    types of public assistance: supplemental security income (SSI);
    Aid to Families with Dependent Children (AFDC); social services
    block grants; Medicaid; Food Stamps; or housing assistance.
    Proof of identity is limited to showing the following
    documents: a United States passport (either current or expired
    if issued within the previous 20 years and after the individual
    has reached the age of 18); a resident alien card; or a State
    driver's license or identity card, if presented with the
    individual's social security card.
        Subsection (d) authorizes State agencies to require proof
    of eligibility to receive State assistance.
        Subsection (e) provides exceptions to the limitations in
    subsections (a) and (b) in the case of an alien who (or whose
    child) has been battered or subject to extreme cruelty. The
    alien must have applied (or apply within 45 days of the initial
    application for benefits) for family-sponsored immigration
    status or classification, or cancellation of removal and
    adjustment of status, or the alien must be the beneficiary of a
    petition for family-sponsored immigration or classification.
    The exception terminates if no application setting forth a
    prima facie case for such immigration benefits has been filed
    or when an application is denied.
        The rationale behind this provision is straightforward:
    aliens who are in the U.S. illegally should not be entitled to
    receive any of the privileges or benefits of membership in
    American society. It is unfair to citizens and legal residents
    to allow illegal aliens to access public benefits.
        No aspect of illegal immigration angers the American people
    more than illegal aliens using taxpayer-funded public benefits.
    Poll after poll shows that the American people are tired of
    footing the bill for those who are in the country illegally.
    The passage of Proposition 187 in California, and other similar
    movements in Florida and Arizona are evidence of this. While
    the availability of public benefits may not be the chief magnet
    that draws illegal aliens to the U.S., it is certainly one of
    the most powerful. As a matter of national immigration policy,
    Congress must remove all of the possible incentives that may
    lure illegal aliens to either come to or stay in the U.S. The
    Committee believes that, to thoroughly combat illegal
    immigration, illegal aliens must not be given taxpayer-funded
    public benefits at any level--Federal, State or local.
         The prohibition on Federal, State and local contracts,
    grants, loans, licenses, and welfare assistance as contained in
    this section is not intended to address the issue of alien
    eligibility for a basic public education as determined by the
    U.S. Supreme Court in Plyler v. Doe.125
        \125\ Plyler v. Doe, 457 U.S. 202, 102 S.Ct. 2382, 72 L.Ed.2d 786
    (1982).
    ---------------------------------------------------------------------------

    Sec. 602--Making unauthorized aliens ineligible for unemployment
            benefits

        This section provides that aliens are ineligible for
    unemployment benefits payable in whole or in part out of
    Federal funds to the extent such benefits are attributable to
    any employment for which the alien had not had authorization.
    Benefits providers must make such inquiries as may be necessary
    to assure that applicants are eligible.

    Sec. 603--General exceptions

        This section provides that sections 601 and 602 shall not
    apply to the provision of emergency medical services, public
    health immunizations, short-term emergency relief, school lunch
    programs, child nutrition programs, and family violence
    services.
        The allowance for treatment of communicable diseases is
    very narrow. The Committee intends that it only apply where
    absolutely necessary to prevent the spread of such diseases.
    This is only a short term measure until the deportation of an
    alien who is unlawfully present in the U.S. It is not intended
    to provide authority for continued long-term treatment of such
    diseases as a means for illegal aliens to delay their removal
    from the country. However, it is the Committee's intent to give
    public health providers the ability, within the scope of their
    professional judgment, to treat individuals who might have, or
    require immunization against, communicable diseases. So long as
    that judgment was made in good faith it is intended to fall
    within the exception for immunizations, testing, and treatment
    for communicable diseases. Furthermore, this exception is also
    intended to permit health care providers to examine patients
    sufficient to determine whether testing, treatment, or
    immunization is appropriate.
        The allowance for emergency medical services under Medicaid
    is very narrow. The Committee intends that it only apply to
    medical care that is strictly of an emergency nature, such as
    medical treatment administered in an emergency room, critical
    care unit, or intensive care unit. The Committee does not
    intend that emergency medical services include pre-natal or
    delivery care assistance that is not strictly of an emergency
    nature as specified herein. The Committee intends that any
    provision of services under this exception for mental health
    disorders be limited to circumstances in which the alien's
    condition is such that he is a danger to himself or to others
    and has therefore been judged incompetent by a court of
    appropriate jurisdiction.

    Sec. 604--Treatment of expenses subject to emergency medical services
            exception

        Subsection (a) provides that, subject to advance
    appropriations, a State or local government that provides
    emergency medical services through a public hospital (including
    through a contract with another hospital or facility) to an
    illegal alien is entitled to receive payment from the Federal
    Government for the costs of the services, but only to the
    extent that such costs are not reimbursed through any other
    Federal program and cannot be recovered from the alien or
    another person. Reimbursement also may be made to a hospital
    eligible for additional payment adjustment under section
    1886(d)(5) of the Social Security Act.
        Subsection (b) provides that no payment shall be made
    unless the identity and immigration status of the alien has
    been verified with the INS. Subsection (c) provides that the
    program shall be administered by the Attorney General in
    consultation with the Secretary of Health and Human Services.
    Subsection (d) provides that subsection (a) shall not apply to
    emergency medical services furnished before October 1, 1995.

    Sec. 605--Report on disqualification of illegal aliens from housing
            assistance programs

        This section provides that the Secretary of Housing and
    Urban Development shall submit a report within 90 days to
    certain committees of Congress describing the manner in which
    the Secretary is enforcing section 214 of the Housing and
    Community Development Act of 1980.

    Sec. 606--Verification of student eligibility for postsecondary federal
            student financial assistance

        This section provides that no student shall be eligible for
    postsecondary Federal student financial assistance unless the
    student has certified that he or she is a citizen or national
    of the United States, or an alien lawfully admitted for
    permanent residence, and the Secretary of Education has
    verified such status through a procedure determined by the
    Attorney General.

    Sec. 607--Payment of public assistance benefits

        This section provides that in carrying out the provisions
    of this part, payment of means-tested benefits identified in
    section 601 (other than those exempted by section 603) shall be
    made only through an individual or person who is not ineligible
    to receive such benefits under section 601.

    Sec. 608--Definitions

        This section provides that for purposes of this title, an
    alien shall not be considered lawfully present in the U.S.
    merely because the alien may be considered to be permanently
    residing in the United States under color of law for purposes
    of any particular program.

    Sec. 609--Regulations and effective dates

        This section requires that the Attorney General issue
    regulations carrying out this subpart (other than section 605)
    within 60 days of enactment. The Attorney General shall apply
    section 601 to assistance provided, contracts or loan
    agreements entered into, and professional and commercial
    licenses issued or renewed at least 30 and not more than 60
    days after the date the regulations are first issued, but may
    waive this section in the case of applications which are
    pending or approved on or before this date. The Attorney
    General shall apply section 602 to unemployment benefits
    provided on or after a date at least 30 and not more than 60
    days after the date the regulations are first issued, but may
    waive this section in the case of applications for benefits
    pending as of this date. The Attorney General must broadly
    disseminate information regarding these restrictions on
    eligibility before the effective dates.

                        Part 2--Earned Income Tax Credit

    Sec. 611--Earned income tax credit denied to individuals not authorized
            to be employed in the United States

        This section amends section 32(c)(1) of the Internal
    Revenue Code of 1986 by adding a new subparagraph (F),
    providing that an individual is not eligible for the earned
    income tax credit if the individual does not include a taxpayer
    identification number on the tax return. This section also
    amends section 32 of the Internal Revenue Code to add a new
    subsection (k), providing that a taxpayer identification number
    means a social security account number other than one that has
    been issued to an individual not authorized to work in the U.S.

    Subtitle B--Expansion of Disqualification from Immigration Benefits on
                           the Basis of Public Charge

    Sec. 621--Ground for inadmissibility

        This section amends paragraph (4) of section 212(a) (public
    charge exclusion ground) to provide that a family-sponsored
    immigrant or nonimmigrant is inadmissible if the alien cannot
    demonstrate that the alien's age, health, family status,
    education, skills, or a combination thereof, or an affidavit of
    support, or both, make it unlikely that the alien will become a
    public charge. An employment-based immigrant is inadmissible,
    other than an immigrant of extraordinary ability, unless the
    immigrant has a valid job offer at the time of immigration. An
    employment-based immigrant who receives a visa by virtue of a
    job offer from a business owned by a relative, or from a
    business in which a relative has a significant ownership
    interest, is inadmissible (inadmissible) unless the relative
    has executed an affidavit of support.

    Sec. 622--Ground for deportability

        This section amends paragraph (5) of redesignated section
    237(a) (public charge deportation ground) to provide that an
    alien is deportable if the alien becomes a public charge within
    7 years of admission from causes arising before entry or
    admission. The ground may be waived in the case of an alien who
    is admitted as a refugee or granted asylum. An alien is
    considered a public charge if he or she receives benefits under
    (1) Supplemental Security Income, (2) Aid to Families with
    Dependent Children, (3) Medicaid, (4) Food Stamps, (5) State
    General Assistance or (6) certain Federal housing assistance,
    for an aggregate period of at least 12 months within 7 years of
    admission. An alien shall not be considered to be a public
    charge on the basis of receipt of emergency medical services,
    public health immunizations and short-term emergency relief. In
    the case of an alien who (or whose child) has been battered or
    subject to extreme cruelty, the aggregate period for receipt of
    benefits shall be 48 months within 7 years, if the need for
    such benefits has a substantial connection to the abuse, and
    may exceed 48 months if the alien can demonstrate that the
    abuse is ongoing and has led to an issuance of an
    administrative or judicial order, or there has been a prior
    determination of abuse by the INS.

          Subtitle C--Attribution of Income and Affidavits of Support

    Sec. 631--Attribution of sponsor's income and resources to family-
            sponsored immigrants

        This section provides that in determining the eligibility
    and the amount of benefits of an alien for any Federal means-
    tested public benefits program, the income and resources of the
    alien shall be deemed to include those of the person who
    executed an affidavit of support on behalf of such alien, and
    that person's spouse. States may act similarly in determining
    the eligibility and the amount of benefits of an alien for any
    State means-tested public benefits program. Such deeming shall
    end for parents of United States citizens at the time the
    parent becomes a citizen; for spouses of citizens and lawful
    permanent residents at the earlier of 7 years after the date
    the spouse becomes an alien lawfully admitted for permanent
    residence or the date the spouse becomes a citizen; and for
    minor children at the time the child reaches 21 years of age
    or, if earlier, the date the child becomes a citizen. The
    deeming period may end earlier than specified above if the
    alien is employed long enough to qualify for social security
    retirement income.
        In the case of an alien who (or whose child) has been
    battered or subject to extreme cruelty, the deeming
    requirements shall not apply for 48 months if the need for such
    benefits has a substantial connection to the abuse, or for more
    than 48 months if the alien can demonstrate that the abuse is
    ongoing and has led to an issuance of an administrative or
    judicial order or there has been a prior determination of abuse
    by the INS.
        For States that choose to follow the Federal model of
    deeming that a sponsor's income and resources is available to
    the sponsored immigrant for the purpose of qualifying for State
    or local means-tested public benefits, those States shall be
    deemed by any Federal or State court to have chosen the least
    restrictive means available for achieving the compelling
    government interest of assuring that aliens be self-reliant in
    accordance with national immigration policy.

    Sec. 632--Requirements for sponsor's affidavit of support

        Subsection (a) of this section amends title II of the INA
    by adding a new section 213A.
        Section 213A(a) provides that an affidavit of support may
    only be accepted as establishing that an alien is not
    inadmissible as a public charge if it is executed as a contract
    legally enforceable against the sponsor in any Federal or State
    court by the Federal Government, and by any State which
    provided any means-tested public benefits, for a period 10
    years after the alien last received any benefit. Such contract
    shall be enforceable with respect to benefits provided for
    parents of United States citizens until the time the parent
    becomes a citizen; for spouses of United States citizens and
    lawful permanent residents at the earlier of 7 years after the
    date the spouse becomes an alien lawfully admitted for
    permanent residence or the date the spouse becomes a citizen;
    and for minor children at the time the child reaches 21 years
    of age. The sponsorship period may end earlier than specified
    above if the alien is employed long enough to qualify for
    social security retirement income.
        Section 213A(b) provides that upon notification that a
    sponsored alien has received a benefit, the appropriate
    official shall request reimbursement from the sponsor. If the
    sponsor does not indicate a willingness to reimburse, or fails
    to abide by repayment terms, an action may be brought. The
    appropriate agency may appoint or hire a person to act on its
    behalf in collecting moneys owed. Section 213A(c) provides that
    available remedies include those described in sections 3201,
    3203, 3204, and 3205 of title 28, U.S. Code, as well as
    specific performance, reimbursement of legal fees and
    collection costs, and corresponding State law remedies. Section
    213A(d) provides that subject to civil penalties, a sponsor
    shall notify the federal government and the sponsored alien's
    State of residence of any change of address of the sponsor.
        Section 213A(e) limits eligibility to sponsor an alien into
    the United States to individuals only (not institutions).
    Sponsors also must be: the United States citizen or lawful
    permanent resident who is petitioning for the alien's
    admission, or an individual who will accept joint and several
    liability with the petitioner; at least 18 years old; and
    domiciled in a State. Finally, sponsors must demonstrate,
    through a certified copy of a tax return, the means to maintain
    an annual income equal to at least 200 percent of the poverty
    level for the individual, the individual's family, and the
    sponsored alien and the alien's nuclear family, if any, who
    arrive with the alien at the time of the alien's admission. In
    the case of an individual who is on active duty in the Armed
    Forces, the income requirement is 100 percent of the poverty
    level.
        Subsection (b) refers to the requirement for an affidavit
    of support from individuals who file petitions for a relative
    as an employment-based immigrant.
        Subsection (c) amends section 316(a) of the INA by adding a
    new clause to provide that no person shall be naturalized who
    has received assistance under a federal or State means-tested
    public benefit program with respect to which amounts may be
    owing under an affidavit of support unless he or she provides
    satisfactory evidence that there are no outstanding amounts
    owed pursuant to such affidavit. This subsection also amends
    section 316 by adding a new subsection (g), providing that the
    amendment made in section 316(a)(4) shall not apply to a
    battered alien spouse or child under specified conditions.
        Subsection (d) makes a clerical amendment. Subsections (e)
    and (f) provide that the Attorney General shall promulgate
    within 90 days of enactment a new standard form for the
    affidavit of support that complies with new section 213A(a),
    and that the new section 213A(a) shall apply to affidavits of
    support executed on a specified date not less than 60 days nor
    more than 90 days after promulgation of the new form.

                     TITLE VII--FACILITATION OF LEGAL ENTRY

    Sec. 701--Additional land border inspectors; infrastructure
            improvements

        This section requires the Attorney General and the
    Secretary of the Treasury to increase the number of full-time
    land border inspectors in the INS and the Customs Service to a
    level adequate to assure full staffing during peak crossing
    hours of all border crossing lanes, and that personnel be
    deployed in proportion to the number of land border crossings
    in the border sectors.
        This section also requires that in completing
    infrastructure improvements to expedite the inspection of
    persons and vehicles seeking lawful admission at land borders,
    the Attorney General give priority to those areas where the
    need for such improvements is greatest.

    Sec. 702--Commuter lane pilot programs

        This section amends section 286(q) of the INA and the 1994
    Justice appropriations act to permit the expansion of commuter
    lane pilot programs at land borders.

    Sec. 703--Preinspection at foreign airports

        This section amends the INA to create a new section 235A,
    providing for the establishment within 2 years of preinspection
    stations at 5 of the 10 foreign airports having the greatest
    number of departures for the U.S., and to establish an
    additional 5 preinspection stations within 4 years.

    Sec. 704--Training of airline personnel in detection of fraudulent
            documents

        Subsection (a) amends section 286(h)(2)(A)(iv) to provide
    that funds may expended from the Immigration User Fee Account
    for the training of commercial airline personnel in the
    detection of fraudulent documents, and that not less than 5
    percent of the expenses incurred out of the Account in a given
    fiscal year shall be expended for this purpose.
        Subsection (b) amends section 212(f) to provide that if a
    commercial airline has failed to comply with regulations of the
    Attorney General relating to the detection of fraudulent
    documents, including the training of personnel, the Attorney
    General may suspend the entry of aliens transported to the U.S.
    by the airline.
        Subsection (c) provides that the Attorney General shall
    issue the regulations called for in subsection (b) within 90
    days of enactment.

                      TITLE VIII--MISCELLANEOUS PROVISIONS

         Subtitle A--Amendments to the Immigration and Nationality Act

    Sec. 801--Nonimmigrant status for spouses and children of members of
            the armed services

        This section amends section 101(a)(15) by adding a new
    subparagraph (T), creating a nonimmigrant category for an alien
    who is the spouse or child of another alien who is serving on
    active duty in the Armed Forces and is stationed in the U.S.

    Sec. 802--Amended definition of aggravated felony

        This section amends the definition of aggravated felony in
    section 101(a)(43) of the INA, as amended by section 222 of the
    Immigration and Nationality Technical Corrections Act of 1994,
    to make certain technical corrections and to make the
    definition effective to all convictions entered at any time
    before, on, or after the date of enactment.

    Sec. 803--Authority to determine visa processing procedures

        Subsection (a) amends section 202(a)(1) of the INA to
    clarify that the Secretary of State has non-reviewable
    authority to establish procedures for the processing of
    immigrant visa applications and the locations where visas will
    be processed.
        Subsection (b) amends section 222 by adding a new
    subsection (g), providing that an alien who has remained in the
    U.S. beyond the authorized period of stay is not eligible to be
    admitted to the U.S. as a nonimmigrant unless the alien has
    received a visa in a consular office located in the country of
    the alien's nationality (or, if there is no such office, at a
    consular office designated by the Secretary of State).

    Sec. 804--Waiver authority concerning notice of denial of applications
            for visas

        This section amends section 212(b) of the INA to permit the
    Secretary of State to waive, in the case of an alien denied a
    visa by a consular officer on the basis of the exclusion
    grounds in section 212(a)(2) (criminal activity) or 212(a)(3)
    (national security and terrorist), the requirement that the
    alien be provided notice of the reason for denial. Currently,
    all foreign nationals who are denied a visa are entitled to
    notice of the basis for the denial. This creates a difficult
    situation in those instances where an alien is denied entry on
    the basis, for example, of being a drug trafficker or a
    terrorist. Clearly, the information that U.S. government
    officials are aware of such drug trafficking or terrorist
    activity would be highly valued by the alien and may hamper
    further investigation and prosecution of the alien and his or
    her confederates.
        An alien has no constitutional right to enter the U.S. and
    no right to be advised of the basis for the denial of such a
    privilege. Thus, there is no impediment to the limitation on
    disclosure in this section.

    Sec. 805--Treatment of Canadian landed immigrants

        This section amends section 212(d)(4)(B) to provide that
    the Attorney General may waive the requirements of section
    212(a)(7)(b)(i) regarding presentation of documents in the case
    of aliens who are granted permanent residence by the government
    of a foreign contiguous territory and who are residing in that
    territory.

    Sec. 806--Changes relating to H-1B nonimmigrants

        This section amends section 212(n) to provide for changes
    in the statutory and regulatory requirements for visas issued
    to nonimmigrants under section 101(a)(15)(H)(i)(B) (``H-1B
    visas'').
        Subsection (a) provides that no employer shall be required
    to have and document an objective system to determine the wages
    of workers.
        For purposes of determining the actual wage level an
    employer pays to individuals with similar experience and
    qualifications in the specific employment of an H-1B worker, a
    non-H-1B dependent employer (see below for definition) of more
    than 1,000 full-time equivalent employees in the United States
    may demonstrate that in determining the wages of its H-1B
    workers, it utilizes a compensation and benefits system that
    has been previously certified by the Secretary of Labor (and
    recertified at such intervals the Secretary may designate) to
    satisfy the five following conditions: (1) The employer has a
    company-wide compensation policy for its full-time equivalent
    employees which ensures salary equity among employees similarly
    employed, (2) the employer has a company-wide benefits policy
    under which all full-time equivalent employees similarly
    employed are eligible for substantially the same benefits or
    under which some employees may accept higher pay, at least
    equal in value to the benefits, in lieu of benefits, (3) the
    compensation and benefits policy is communicated to all
    employees, (4) the employer has a human resources or
    compensation function that administers its compensation system,
    and (5) the employer has established documentation for the job
    categories in question. An employer's payment of wages to an H-
    1B worker consistent with a system which meets these conditions
    and which has been certified by the Secretary of Labor shall be
    deemed to satisfy the actual wage requirement of section
    212(n)(1)(A)(i)(I).
        For purposes of determining and enforcing the prevailing
    wage level for the occupational classification in the area of
    employment of an H-1B worker, employers may provide a published
    survey, a State Employment Security Agency determination, a
    determination by an accepted private source or any other
    legitimate source. The Secretary of Labor shall, no later than
    180 days from the date of enactment of this Act, provide for
    acceptance of prevailing wage determinations not made by a
    State Employment Security Agency. The Secretary must either
    accept such a wage determination or issue a written decision
    rejecting the determination and detailing the legitimate
    reasons that the determination is not acceptable. If a detailed
    rejection is not issued within 45 days of receipt by the
    Secretary of Labor, the determination will be deemed accepted.
    An employer's payment of wages consistent with a prevailing
    wage determination not rejected by the Secretary shall be
    deemed to satisfy the prevailing wage requirement of section
    212(n)(1)(A)(i)(II).
        Subsection (b) provides that employers which are non-H-1B
    dependent employers do not have to abide by certain regulations
    promulgated by the Department of Labor which went into effect
    on January 19, 1995. An H-1B dependent employer is defined as
    an employer which (1) has fewer than 21 full-time equivalent
    employees who are employed in the United States, 4 or more of
    whom are H-1B workers, (2) has at least 21 but not more than
    150 full-time equivalent employees who are employed in the
    United States, 20% or more of whom are H-1B workers, or (3) has
    at least 151 full-time equivalent employees who are employed in
    the United States, 15 percent or more of whom are H-1B workers.
    An alien employed under an H-1B petition shall be treated as an
    employee of the employer for purposes of this subsection.
        An employer which is H-1B dependent can nevertheless be
    treated as non-H-1B dependent for up to five years on a
    probationary status if (1) the employer has demonstrated to the
    satisfaction of the Secretary of Labor that it has developed a
    reasonable plan for reducing its use of H-1B workers over a
    five year period to the level of a non-H-1B dependent employer,
    and (2) annual reviews of the plan by the Secretary indicate
    successful implementation of the plan. If the Secretary
    determines that the employer has not met the requirements of
    (1) or (2), the probationary status ends and the employer shall
    be treated as H-1B dependent until such time as the employer
    can prove to the Secretary of Labor that it is no longer H-1B
    dependent, as defined previously. All opportunities for
    probationary status end five years after the date of enactment.
        The regulatory relief provided to non-H-1B dependent
    employers includes:
        (1) A non-H-1B dependent employer does not have to post a
    notice at a worksite visited by an H-1B worker that is within
    the area of intended employment listed on that worker's labor
    condition application but is not itself listed on the
    application.
        (2) A non-H-1B dependent employer is not required to file
    and have certified an additional labor condition application
    (LCA) with respect to an H-1B worker for an area of employment
    not listed in the worker's initial LCA because the employer has
    placed that or other H-1B workers (who did not have that area
    of employment listed in their LCAs) in that area for any period
    of time, except that such employer can only place an H-1B
    worker in areas of employment not listed in the worker's LCA
    for a period exceeding 45 workdays in any 12-month period and
    90 workdays in any 3 year period if (1) the employer files and
    has certified an additional LCA for the H-1B worker listing
    such areas of employment visited after the 45/90 limit is
    reached, or (2) the H-1B worker's principal place of employment
    has not changed to a non-listed area.
        (3) A non-H-1B dependent employer is not required to pay
    per diem and transportation costs at any specified rate when
    sending H-1Bs to areas of employment not listed in their LCAs.
        (4) The Secretary of Labor can file a complaint respecting
    an employer's failure to meet a condition specified on an LCA
    or misrepresentation of a material fact on an LCA only in the
    case of an H-1B dependent employer (including an H-1B dependent
    employer which is on probationary status as a non-H-1B
    dependent employer when the Secretary is conducting an annual
    review of the employer's plan and the review indicates that
    there appears to be a violation of an attestation or a
    misrepresentation of a material fact). No investigation or
    hearing shall be conducted with respect to a non-H-1B dependent
    employer except in response to a complaint.
        Subsection (c) provides that when filing an LCA, an
    employer must attest that within the period beginning six
    months before and ending 90 days following the filing of the
    application and during the 90 days immediately preceding and
    following the filing of any visa petition supported by the
    application, the employer has not laid off and will not lay off
    protected individuals with substantially equivalent
    qualifications and experience in the specific employment as to
    which the H-1B worker is sought or employed, unless the
    employer will pay a wage to the H-1B worker that is at least
    110 percent of the mean of the last wage earned by all such
    laid off individuals (or, if greater, at least 110 percent of
    the mean of the highest wage earned by all such laid off
    individuals within the most recent year if the employer reduced
    the wage of any such laid off individual during such year other
    than in accordance with a general company-wide reduction of
    wages for substantially all employees).
        For purposes of the ``no layoff'' provisions in section 806
    restricting the ability of an employer to lay off a domestic
    worker in the specific employment as to which an H-1B alien is
    sought or is employed, the term ``specific employment'' can be
    coterminous with a concept such as occupational category
    (``engineer''), or it can be narrower in scope. It can also be
    coterminous with a broad subcategory of occupational category
    (``chemical engineer''), or it can be narrower in scope.
    Specific employment means a specific job with specific
    responsibilities. For example, in a small company this may be a
    job of great breadth--the accountant who does all the books or
    the programmer who designs all the software. Conversely, in a
    large company this may be very specialized--the engineer whose
    job it is to design the gyroscope for a new rocket or the
    programmer whose job it is to design a new spreadsheet program.
    The question to ask is: ``In the context of a specific
    employer, is it reasonable to conclude that a domestic worker
    is being replaced by an H-1B alien?'' In any case, merely minor
    changes in a job description are not sufficient to change the
    specific employment. And an employer cannot shift a domestic
    employee from his or her specific employment--in which an H-1B
    alien is sought or is employed--to a different job preparatory
    to laying him or her off merely as a ruse to avoid the ``no
    layoff'' provisions. In such a case, the domestic worker's
    specific employment should be considered his or her initial
    job.
        In the case of an H-1B dependent employer, the employer
    shall not place an H-1B worker with another employer where (1)
    the H-1B performs his or her duties in whole or in part at
    worksite(s) owned, operated, or controlled by the other
    employer, and (2) there are indicia of an employment
    relationship between the alien and the other employer. This
    prohibition will not apply if either (1) the other employer has
    executed an attestation that within the period beginning six
    months before and ending 90 days following the filing of the
    LCA and during the 90 days immediately preceding and following
    the filing of any visa petition supported by the LCA the other
    employer has not laid off and will not lay off protected
    individuals with substantially equivalent qualifications and
    experience in the specific employment as to which the H-1B
    worker is sought or employed, or (2) the employer pays a wage
    to the H-1B worker that is at least 110 percent of the mean of
    the last wage earned by all such laid off individuals (or, if
    greater, at least 110 percent of the mean of the highest wage
    earned by all such laid off individuals within the most recent
    year if the other employer reduced the wage of any such laid
    off individual during such year other than in accordance with a
    general company-wide reduction of wages for substantially all
    employees).
        The term ``laid off'' refers to the individual's loss of
    employment, other than a discharge for inadequate performance,
    cause, voluntary departure, or retirement, and does not include
    any situation in which the employee is offered a similar job
    opportunity with the same employer (or the other employer with
    which an H-1B worker is placed by an H-1B dependent employer
    referenced in the preceding paragraph) carrying equivalent or
    higher compensation and benefits, regardless of whether or not
    the employee accepts the offer.
        The term ``protected individual'' refers to an individual
    who is a citizen or national of the United States or is an
    alien who is lawfully admitted for permanent residence, is
    granted the status of an alien lawfully admitted for temporary
    residence under section 210(a), 210A(a), or 245(a)(1), is
    admitted as a refugee under section 207, or is granted asylum
    under section 208.
        The provisions of section 212(n)(2), including the process
    for the receipt, investigation, and disposition of complaints,
    the imposition of administrative remedies and back pay, and the
    prohibition of the Attorney General from approving an
    employer's petitions for alien workers, shall apply to failures
    of an employer to comply with the new attestation required of
    it under this Act and to complaints respecting a failure of
    another employer with which an H-1B worker is placed by an H-1B
    dependent employer to comply with the new attestation required
    of it under this Act.
        Subsection (d) provides for enhanced penalties for
    violations of an attestation or misrepresentation of a material
    fact in an LCA. Maximum civil penalties are increased to $5,000
    per violation. The Attorney General is prohibited from
    approving petitions for aliens to be employed by an employer
    for a period of at least 1 year in the case of the first
    determination of a violation or any subsequent determination of
    a non-willful violation occurring within 1 year of that first
    violation or any subsequent determination of a non-wilful
    violation occurring more than 1 year after the first violation;
    for a period of at least 5 years in the case of a determination
    of a willful violation occurring more than one year after the
    first violation; and at any time in the case of a determination
    of a willful violation occurring more than 5 years after a
    violation resulting in a bar of at least five years. If a
    penalty has been imposed in the case of a willful violation, an
    additional punishment consisting of a civil monetary penalty
    will be imposed on the employer in an amount equalling twice
    the amount of back pay awarded.
        When computing the prevailing wage level in the case of an
    employee of an institution of higher education or a related or
    affiliated nonprofit entity, or a nonprofit scientific research
    organization, the level shall only take into account employees
    at such institutions and entities in the area of employment.
        In general, the changes to the H-1B program contained in
    the Act will take effect on the date of enactment and shall
    apply to applications filed with the Secretary of Labor on or
    after 30 days after the date of enactment. The changes to the
    complaint and investigation process shall apply to complaints
    filed, and to investigations or hearings initiated, on or after
    January 19, 1995.

    Sec. 807--Validity of period for visas

        Subsection (a) amends section 221(c) to provide that an
    immigrant visa shall be valid for a period of six months.
        Subsection (b) amends section 221(c) to provide that the
    period for validity of a nonimmigrant visa issued to an alien
    of one nationality who has been granted refugee status and been
    firmly resettled in another country shall be based on the
    treatment granted by the country of resettlement to alien
    refugees resettled in the U.S.

    Sec. 808--Limitation on adjustment of status of individuals not
            lawfully present in the United States

        Subsection (a) amends section 245(i)(1)(B), as added by
    section 605(b) of the Department of State and Related Agencies
    Appropriations Act, 1995 (Public Law 103-317, 108 Stat. 1765)
    by requiring an application for adjustment of status under this
    provision to pay a fee of $2,500.
        Subsection (b) strikes section 212(o).

    Sec. 809--Limited access to certain confidential INS files

        Subsection (a) amends section 245(A)(c)(5) by redesignating
    subparagraphs (A) through (C) and by adding a new subparagraph
    (C) to permit the Attorney General to make an application to a
    Federal judge, and for such Federal judge to authorize
    disclosure of information in an application for legalization
    for the following purposes: to identify an alien believed to be
    dead or severely incapacitated; or for criminal law enforcement
    purposes if the alleged criminal activity occurred after the
    legalization application was filed and involves terrorist
    activity, a crime prosecutable as an aggravated felony (without
    regard to length of sentence) or poses an immediate risk to
    life or national security. Information limited to the date and
    disposition of the application, the alien's immigration status
    (but only for the purpose of determining eligibility for relief
    from deportation or removal), or criminal convictions (if any)
    after the date of the application, may be disclosed for
    immigration enforcement purposes without petition to a Federal
    judge.
        Subsection (b) makes parallel amendments to the
    confidentiality provisions in section 210(b) (Special
    Agricultural Worker Program).
        The purpose of this section is to amend the provisions in
    sections 210 and 245A protecting the confidentiality of
    applications for legalization and to ensure that information
    contained in such applications would not be used for purposes
    of immigration law enforcement. A limited waiver of such
    confidentiality, subject to prior approval by a federal judge,
    is appropriate in order to identify an alien who is dead or
    severely incapacitated, or if the alien is alleged to have
    committed a serious criminal offense after the date of the
    application. Disclosure in these limited circumstances will not
    undermine the initial policy of confidentiality. An alien
    filing for legalization did not have a reasonable expectation,
    under the laws existing at that time, that information in his
    or her application could not be used for the purpose of
    identifying that alien for compelling circumstances, unrelated
    to immigration enforcement, that would arise after the filing
    of the application. The government interest in securing such
    information is compelling, and the requirement of judicial
    approval will further ensure that the legitimate
    confidentiality rights of legalization applicants are
    protected.
        This section also clarifies that information outside of the
    actual application for legalization, as well as information
    limited to the date and disposition of the application, does
    not fall within the original confidentiality provisions on
    sections 210 and 245A, and can be used for immigration
    enforcement or other purposes without prior judicial approval.
    This clarification is needed because in certain circumstances,
    these confidentiality provisions have been erroneously
    interpreted to prohibit the disclosure of information in INS
    files pertaining to the disposition of the application, but not
    information contained in the application itself. The plain
    language in sections 245A(c)(5) and 210(b) is addressed solely
    to the contents of the application, not to information
    regarding the disposition of the application or the alien's
    subsequent immigration status.

    Sec. 810--Change of nonimmigrant application

        This section amends section 248 to provide that an alien
    whose status is changed under section 248 may apply directly to
    the Secretary of State for a visa without having to leave the
    United States.

                         Subtitle B--Other Provisions.

    Sec. 831--Commission report on fraud associated with birth certificates

        This section amends section 141(c) of the Immigration Act
    of 1990 to require that the Commission on Immigration Reform
    shall study and submit to Congress, not later than January 1,
    1997, a report containing recommendations of methods to reduce
    or eliminate the fraudulent use of birth certificates for the
    purposes of obtaining identification documents that may be used
    to obtain benefits relating to immigration and employment. The
    Commission shall consider proposals to adopt national standards
    for issuing birth certificates and to limit the issuance of an
    individual's birth certificate to any person other than the
    individual or his or her representative.

    Sec. 832--Uniform vital statistics

        This section requires the Secretary of Health and Human
    Services, within 2 years of the date of enactment, to establish
    a pilot program for 3 of the 5 States with the largest
    population of undocumented aliens for linking through
    electronic network the vital statistics records of such States.
    The network shall provide for the matching of deaths and births
    and shall institute measures to protect the integrity of the
    records, specifically to prevent fraud against the Government
    through use of false birth and death certificates. The
    Secretary shall issue a report to Congress not later than 180
    days after establishment of the pilot program with
    recommendations on how the pilot program could be implemented
    as a national network.

    Sec. 833--Communication between state and local government agencies,
            and the immigration and naturalization service

        This section provides that notwithstanding any other
    provision of Federal, State, or local law, no State or local
    government entity shall prohibit or in any way restrict any
    government entity or official from sending to or receiving from
    the INS information regarding the immigration status of an
    alien in the United States.
        The Committee intends to give State and local officials the
    authority to communicate with the INS regarding the presence,
    whereabouts, and activities of illegal aliens. This section is
    designed to prevent any State or local law, ordinance,
    executive order, policy, constitutional provision, or decision
    of any Federal or State court that prohibits or in any way
    restricts any communication between State and local officials
    and the INS. The Committee believes that immigration law
    enforcement is as high a priority as other aspects of Federal
    law enforcement, and that illegal aliens do not have the right
    to remain in the U.S. undetected and unapprehended.

    Sec. 834--Criminal alien reimbursement costs

         This section provides that amounts appropriated to carry
    out section 501 of the Immigration Control and Reform Act of
    1986 shall be available to carry out section 242(j) of the INA
    with respect to undocumented criminal aliens incarcerated by
    the political subdivisions of a State.

    Sec. 835--Female genital mutilation

        This section requires aliens from certain countries
    specified by the INS in consultation with the Secretary of
    State to be advised prior to or at the time of entry into the
    United States of the severe harm caused by female genital
    mutilation and the potential legal consequences in the United
    States of performing female genital mutilation or of allowing a
    child to be subjected to female genital mutilation.

    Sec. 836--Designation of portugal as a visa waiver pilot program
            country with probationary status

        This section designates Portugal as a visa waiver pilot
    program country with probationary status under section 217(g)
    for each of the fiscal years 1996, 1997, and 1998.

                       Subtitle C--Technical Corrections.

    Sec. 851--Miscellaneous technical corrections

        This section makes a number of entirely technical
    corrections to the Immigration Reform and Control Act of 1986,
    the Immigration and Nationality Technical Corrections Act of
    1994, the Immigration and Nationality Act, and other
    legislation.

                                  Agency Views

        The Administration has not provided a statement of its
    views regarding H.R. 2202 as reported by the Committee on
    October 24, 1996. The following is a statement of views
    received from the Attorney General regarding H.R. 2202 as
    introduced on August 4, 1995.

                         Office of the Deputy Attorney General,
                                    Washington, DC, September 15, 1995.
    Hon. Henry J. Hyde,
    Chairman, Committee on the Judiciary,
    House of Representatives, Washington, DC.
        Dear Chairman Hyde: This letter presents the views of the
    Administration concerning H.R. 2202, the ``Immigration in the
    National Interest Act of 1995,'' as introduced on August 4,
    1995.
        Many of the provisions in H.R. 2202 advance the
    Administration's four-part strategy to control illegal
    immigration. This strategy calls for regaining control of our
    borders; removing the job magnet through worksite enforcement;
    aggressively pursuing the removal of criminal aliens and other
    illegal aliens; and securing from Congress the resources to
    assist states with the costs of illegal immigration that are a
    result of failed enforcement policies of the past. The
    Administration's legislative proposal to advance that strategy
    is H.R. 1929, the ``Immigration Enforcement Improvements Act of
    1995,'' introduced by Representative Howard Berman on June 27,
    1995. We are pleased that the bill before the Committee follows
    our policies to a significant extent. Our positions on the
    provisions in the bill are summarized in the following
    discussion.

      title I--deterrence of illegal immigration through improved border
                         enforcement and pilot programs

        The Administration has already demonstrated that our
    borders can be controlled when there is a commitment to do so
    by the President and Congress. With an unprecedented infusion
    of resources since 1993, we have implemented a multi-year
    border control strategy of prevention through deterrence. We
    have carefully crafted long range strategic plans tailored to
    the unique geographic and demographic characteristics of each
    border area to restore integrity to the border.
        Border Patrol Agents: We have increased the number of
    Border Patrol agents by 40% since 1993 and we support a further
    increase of 700 agents per year to reach a total strength of at
    least 7,281 Border Patrol agents by the end of FY 1998.
        Document Security: We support improved security of Border
    Crossing Cards and other documents, using advanced technology,
    within a reasonable period of time.
        Interior Repatriation: We support pilot programs to deter
    multiple unauthorized entries, including interior and third
    country repatriation.
        Penalty for illegal entry: We are currently prosecuting
    more repeat criminal alien illegal entry offenders than ever.
    Our increase in prosecutions is preferable to a burdensome
    civil penalty.

     title ii--enhanced enforcement and penalties against alien smuggling;
                                 document fraud

        The Administration is aggressively investigating,
    apprehending, and prosecuting alien smugglers. H.R. 2202 and
    the Administration bill have a common goal of significantly
    increasing penalties for alien smuggling, document fraud, and
    related crimes. In face, our bill goes beyond the provisions of
    H.R. 2202 by making conspiracy to violate the alien smuggling
    statutes a RICO predicate and by providing for civil forfeiture
    of proceeds of and property used to facilitate alien smuggling.
        Penalty increases: We support increases in the sentences
    for aliens who fail to obey a deportation order, illegally re-
    enter the U.S. after deportation, or commit passport of visa
    fraud.

       title iii--inspection, apprehension, detention, adjudication, and
                 removal of inadmissible and deportable aliens

        Removals of criminal aliens have increased rapidly during
    this Administration. More than four times as many criminal
    aliens were removed in 1994 than in 1988. We will nearly triple
    the number of criminal alien removals from 20, 138 in FY 93 to
    58,200 in FY 96 by streamlining deportation procedures,
    expending the Institutional Hearing Program, and enhancing the
    international prisoner transfer treaty program. Immigration and
    Naturalization Service (INS) technology enhancements have also
    played a critical role in removing criminal aliens, as have INS
    alternatives to formal deportation, such as stipulated,
    judicial, and administrative deportation.
        Special exclusion: We support special exclusion provisions
    which allow the Attorney General to order an alien excluded and
    deported without a hearing before an immigration judge when
    extraordinary situations threaten our ability to process cases
    and in the case of irregular boat arrivals.
        Removal procedures: We support consolidating exclusion and
    deportation into one removal process and facilitating telephone
    and video hearings which save resources.
        Authorization for removals: We urge the Committee to
    increase the authorization for funding the detention and
    removal of inadmissible or deportable aliens to $177.7 million,
    the amount in the President's FY 96 budget request, rather than
    the $150 million in H.R. 2202.
        Relief from deportation: We support consolidating the
    processes and restricting the grounds which permit relief from
    deportation.

            title iv--enforcement of restrictions against employment

        The Administration strongly believes that jobs are the
    greatest magnet for illegal immigration and that a
    comprehensive effort to deter illegal immigration, particularly
    visa overstaying, must make worksite enforcement a top
    priority. The Administration is concerned by the cautious steps
    back H.R. 2202 takes with regard to enforcement of employer
    sanctions and will continue to work with the Committee to
    address this priority enforcement area.
        Enforcement personnel: The President's FY budget request
    calls for 202 new DOL Wage and Hour personnel while H.R. 2202
    calls for 150. We support the levels of new INS investigations
    personnel and new DOL Wage and Hour personnel requested in the
    President's FY 96 budget. These resources will enhance
    enforcement of laws prohibiting employment of illegal aliens
    and the minimum labor standards laws.
        Employment verification: H.R. 2202, in contrast to the
    Administration's bill, rejects the principle worksite
    enforcement recommendation of the Commission on Immigration
    Reform which was to thoroughly test and evaluate verification
    techniques before implementing them nationwide. We support
    continued pilot projects which will aid in the development of a
    system for accurate verification of a potential employee's
    status. Such a system will greatly assist employers in meeting
    their obligation to hire only authorized workers. Testing what
    works--from business impact, cost effectiveness, privacy and
    discrimination perspectives--is a necessary prerequisite for a
    nationwide verification system.
        Employment documents. We strongly support the reduction in
    the number of documents that can establish employment
    authorization.

                  title v--reform of legal immigration system

        The Administration seeks legal immigration reform that
    promotes family reunification, protects U.S. workers from
    unfair competition while promoting the global competitiveness
    of our employers, and encourages naturalization to encourage
    full participation in the national community. The
    Administration supports a reduction in the overall level of
    legal immigration consistent with these principles.
        We are proposing to reform legal immigration in ways that
    are consistent with the Jordan Commission's recommendations,
    that reduce annual levels of legal immigration, and that reach
    those lower numbers faster. We are also proposing a few ideas
    on how to use naturalization to reduce the second preference
    backlog numbers, which is a priority for the Commission and the
    Administration, while maintaining first and third family
    preferences for reunification of adult children of U.S.
    citizens.
        Refugee admissions: We do not support a statutory cap on
    the number of refugees resettled in the U.S. Refugee
    admissions, which have declined in recent years, are better
    determined through the established consultation process between
    the President and the Congress.
        Asylum proceedings: We do not support extensive changes in
    the asylum process which would reverse the significant progress
    the Administration has made in the asylum area.

           title vi--restrictions on benefits for unauthorized aliens

        The Administration supports the denial of benefits to
    undocumented immigrants. The only exceptions should include
    matters of public health and safety--such as emergency medical
    services, immunization and temporary disaster relief
    assistance--and every child's right to a public education. In
    so doing, care must be taken not to limit or deny benefits or
    services to eligible individuals or in instances where denial
    does not serve the national interest. The Administration also
    supports tightening sponsorship and eligibility rules for non-
    citizens and requiring sponsors of legal immigrants to bear
    greater responsibility through legally enforceable sponsorship
    agreements for those whom they encourage to enter the United
    States. The Administration, however, strongly opposes
    application of new eligibility and deeming provisions to
    current recipients, including the disabled who are exempted
    under current law. The Administration also is deeply concerned
    about the application of deeming provisions to Medicaid and
    other programs where deeming would adversely affect public
    health and welfare.

                     title vii--facilitation of legal entry

        The Administration is committed to improving services for
    legal entrants, and we support the provisions of this bill
    which enable us to do so. We are already conducting commuter
    land pilot programs on the Northern border to facilitate
    traffic at the ports of entry. Revenues from new service
    charges will enable us to hire additional inspectors and to
    enhance customer service to the traveling public at land border
    ports of entry.
        As for air travel, our pre-inspection facilities enable us
    to expedite inspection at the arrival airports. In addition, we
    are already working with the travel industry to deter illegal
    traffic and improve customer services. For the past five years
    we have conducted a Carrier Consultant program at both United
    States and foreign locations in which we train airline
    employees and foreign government officials in the detection of
    fraudulent travel documents. This has resulted in a marked
    reduction of mala fide arrivals at United States gateway
    airports.

                           title viii--miscellaneous

        Adjustment of status: We do not support limiting the class
    of aliens who can adjust status under section 245(i) of the
    Immigration and Nationality Act. This section has eliminated a
    burdensome paper process, and allowed resources to be shifted
    to anti-fraud and naturalization efforts.
        Mr. Chairman, we want to work with you on bipartisan
    immigration enforcement legislation that is in the national
    interest. We look forward to working with you to address the
    core issues of worksite enforcement, border control, criminal
    alien deportation and comprehensive immigration law
    enforcement.
        The Office of Management and Budget has advised that there
    is no objection to the submission of this letter from the
    standpoint of the Administration's program.
                Sincerely,
                                             Jamie S. Gorelick,
                                               Deputy Attorney General.

             Changes in Existing Law Made by the Bill, as Reported

      In compliance with clause 3 of rule XIII of the Rules of the
    House of Representatives, changes in existing law made by the
    bill, as reported, are shown as follows (existing law proposed
    to be omitted is enclosed in black brackets, new matter is
    printed in italic, existing law in which no change is proposed
    is shown in roman):

                        IMMIGRATION AND NATIONALITY ACT

              * * * * * * *

                                TABLE OF CONTENTS

                                Title I--General

    Sec. 101.  Definitions.
    Sec. 102.  Applicability of title II to certain nonimmigrants.
    Sec. 103.  Powers and duties of the Attorney General and the
              Commissioner.
         * * * * * * *
    [Sec. 106.  Judicial review of orders of deportation and exclusion.]

                              Title II--Immigration

                           chapter 1--selection system

    Sec. 201.  Worldwide level of immigration.
    Sec. 202.  Numerical limitation to any single foreign state.
    Sec. 203.  Allocation of immigrant visas.
         * * * * * * *
    [Sec. 208.  Asylum procedure.]
    Sec. 208. Asylum.
         * * * * * * *

      chapter 2--qualifications for admission of aliens; travel control of
                               citizens and aliens

    Sec. 211.  Documentary requirements.
    Sec. 212.  General classes of aliens ineligible to receive visas and
              excluded from admission; waivers of inadmissibility.
    Sec. 213.  Admission of certain aliens on giving bond.
    Sec. 213A.  Requirements for sponsor's affidavit of support.
         * * * * * * *
    Sec. 216B. Conditional permanent resident status for certain foreign
              language teachers.
         * * * * * * *

                     chapter 3--issuance of entry documents

    Sec. 221.  Issuance of visas.
    Sec. 222.  Applications for visas.
    Sec. 223.  Reentry permits.
    [Sec. 224.  Immediate relative and special immigrant visas.]
    Sec. 224.  Visas for spouses and children of citizens and special
              immigrants.

             [chapter 4--provisions relating to entry and exclusion

    [Sec. 231.  Lists of alien and citizen passengers arriving or departing;
              record of resident aliens and citizens leaving permanently for
              foreign country.
    [Sec. 232.  Detention of aliens for observation and examination.
    [Sec. 234.  Physical and mental examination.
    [Sec. 235.  Inspection by immigration officers.
    [Sec. 236.  Exclusion of aliens.
    [Sec. 237.  Immediate deportation of aliens excluded from admission or
              entering in violation of law.
    [Sec. 238.  Entry through or from foreign contiguous territory and
              adjacent islands; landing stations.
    [Sec. 239.  Designation of ports of entry for aliens arriving by civil
              aircraft.
    [Sec. 240.  Records of admission.

                  [chapter 5--deportation; adjustment of status

    [Sec. 241.  General classes of deportable aliens.
    [Sec. 242.  Apprehension and deportation of aliens.
    [Sec. 242A. Expedited procedures for deportation of aliens convicted of
              committing aggravated felonies.
    [Sec. 242B. Deportation procedures.
    [Sec. 243.  Countries to which aliens shall be deported; cost of
              deportation.
    [Sec. 244.  Suspension of deportation; voluntary departure.
    [Sec. 244A. Temporary protected status.]

         Chapter 4--Inspection, Apprehension, Examination, Exclusion, and
                                     Removal

    Sec. 231.  Lists of alien and citizen passengers arriving or departing;
              record of resident aliens and citizens leaving permanently for
              foreign country.
    Sec. 232.  Detention of aliens for physical and mental examination.
    Sec. 233.  Entry through or from foreign contiguous territory and
              adjacent islands; landing stations.
    Sec. 234.  Designation of ports of entry for aliens arriving by civil
              aircraft.
    Sec. 235.  Inspection by immigration officers; expedited removal of
              inadmissible arriving aliens; referral for hearing.
    Sec. 235A.  Preinspection at foreign airports.
    Sec. 236.  Apprehension and detention of aliens not lawfully in the
              United States.
    Sec. 237.  General classes of deportable aliens.
    Sec. 238.  Expedited removal of aliens convicted of committing
              aggravated felonies.
    Sec. 239.  Initiation of removal proceedings.
    Sec. 240.  Removal proceedings.
    Sec. 240A. Cancellation of removal; adjustment of status.
    Sec. 240B. Voluntary departure.
    Sec. 240C. Records of admission.
    Sec. 241.  Detention and removal of aliens ordered removed.
    Sec. 242.  Judicial review of orders of removal.
    Sec. 243.  Penalties relating to removal.
    Sec. 244.  Temporary protected status.

                    Chapter 5--Adjustment and Change of Status

         * * * * * * *

                      chapter 8--general penalty provisions

    Sec. 271.  Prevention of unauthorized landing of aliens.
    Sec. 272.  Bringing in aliens subject to [exclusion] denial of admission
              on a health-related ground.
    Sec. 273.  Unlawful bringing of aliens into United States.
    Sec. 274.  Bringing in and harboring certain aliens.
    Sec. 274A. Unlawful employment of aliens.
    Sec. 274B. Unfair immigration-related employment practices.
    Sec. 274C. Penalties for document fraud.
    Sec. 274D. Civil penalties for failure to depart.
    Sec. 275.  Entry of alien at improper time or place; misrepresentation
              and concealment of facts.
    Sec. 276.  Reentry of [deported] removed alien.
    Sec. 277.  Aiding or assisting certain aliens to enter the United
              States.
         * * * * * * *

                            chapter 9--miscellaneous

    Sec. 281.  Nonimmigrant visa fees.
    Sec. 282.  Printing of reentry permits and blank forms of manifests and
              crew lists.
    Sec. 283.  Travel expenses and expense of transporting remains of
              immigration officers and employees who die outside of the
              United States.
         * * * * * * *
    Sec. 293.  Deposit of and interest on cash received to secure
              immigration bonds.
    Sec. 294.  Undercover investigation authority.
         * * * * * * *

            Title V--Special Removal Procedures for Alien Terrorists

    Sec. 501. Definitions.
    Sec. 502. Establishment of special removal court; panel of attorneys to
              assist with classified information.
    Sec. 503. Application for initiation of special removal proceeding.
    Sec. 504. Consideration of application.
    Sec. 505. Special removal hearings.
    Sec. 506. Consideration of classified information.
    Sec. 507. Appeals.
    Sec. 508. Detention and custody.

                                TITLE I--GENERAL

                                  definitions

      Section 101. (a) As used in this Act--
      (1)  * * *
              * * * * * * *
      (6) The term ``border crossing identification card'' means a
    document of identity bearing that designation issued to an
    alien who is lawfully admitted for permanent residence, or to
    an alien who is a resident in foreign contiguous territory, by
    a consular officer or an immigration officer for the purpose of
    crossing over the borders between the United States and foreign
    contiguous territory in accordance with such conditions for its
    issuance and use as may be prescribed by regulations. Such
    regulations shall provide that (A) each such document include a
    biometric identifier (such as the fingerprint or handprint of
    the alien) that is machine readable and (B) an alien presenting
    a border crossing identification card is not permitted to cross
    over the border into the United States unless the biometric
    identifier contained on the card matches the appropriate
    biometric characteristic of the alien.
              * * * * * * *
      [(13) The term ``entry'' means any coming of an alien into
    the United States, from a foreign port or place or from an
    outlying possession, whether voluntarily or otherwise, except
    that an alien having a lawful permanent residence in the United
    States shall not be regarded as making an entry into the United
    States for the purposes of the immigration laws if the alien
    proves to the satisfaction of the Attorney General that his
    departure to a foreign port or place or to an outlying
    possession was not intended or reasonably to be expected by him
    or his presence in a foreign port or place or in an outlying
    possession was not voluntary: Provided, That no person whose
    departure from the United States was occasioned by deportation
    proceedings, extradition, or other legal process shall be held
    to be entitled to such exception.]
      (13)(A) The terms ``admission'' and ``admitted'' mean, with
    respect to an alien, the entry of the alien into the United
    States after inspection and authorization by an immigration
    officer.
      (B) An alien who is paroled under section 212(d)(5) or
    permitted to land temporarily as an alien crewman shall not be
    considered to have been admitted.
      (C) An alien lawfully admitted for permanent residence in the
    United States shall not be regarded as seeking an admission
    into the United States for purposes of the immigration laws
    unless the alien--
              (i) has abandoned or relinquished that status,
              (ii) has engaged in illegal activity after having
            departed the United States,
              (iii) has departed from the United States while under
            legal process seeking removal of the alien from the
            United States, including removal proceedings under this
            Act and extradition proceedings,
              (iv) has been convicted of an aggravated felony,
            unless since such conviction the alien has been granted
            relief under section 240A(a), or
              (v) is attempting to enter at a time or place other
            than as designated by immigration officers or has not
            been admitted to the United States after inspection and
            authorization by an immigration officer.
              * * * * * * *
      (15) The term ``immigrant'' means every alien except an alien
    who is within one of the following classes of nonimmigrant
    aliens--
              (A)  * * *
              * * * * * * *
              (K) an alien who is the fiancee or fiance of a
            citizen of the United States and who seeks to enter the
            United States solely to conclude a valid marriage with
            the petitioner within ninety days after [entry]
            admission, and the minor children of such fiancee or
            fiance accompanying him or following to join him;
              * * * * * * *
              (N)(i) the parent of an alien accorded the status of
            special immigrant under paragraph (27)(I)(i) (or under
            analogous authority under paragraph (27)(L)), but only
            if and while the alien is a child, or (ii) a child of
            such parent or of an alien accorded the status of a
            special immigrant under clause (ii), (iii), or (iv) of
            paragraph (27)(I) (or under analogous authority under
            paragraph (27)(L));
              * * * * * * *
              (R) an alien, and the spouse and children of the
            alien if accompanying or following to join the alien,
            who--
                      (i) for the 2 years immediately preceding the
                    time of application for admission, has been a
                    member of a religious denomination having a
                    bona fide nonprofit, religious organization in
                    the United States; and
                      (ii) seeks to enter the United States for a
                    period not to exceed 5 years to perform the
                    work described in subclause (I), (II), or (III)
                    of paragraph (27)(C)(ii); [or]
              (S) subject to section [214(j)] 214(k), an alien--
                      (i)  * * *
                      (ii) who the Secretary of State and the
                    Attorney General jointly determine--
                              (I) is in possession of critical
                            reliable information concerning a
                            terrorist organization, enterprise, or
                            operation;
                              (II) is willing to supply or has
                            supplied such information to Federal
                            law enforcement authorities or a
                            Federal court;
                              (III) will be or has been placed in
                            danger as a result of providing such
                            information; and
                              (IV) is eligible to receive a reward
                            under section 36(a) of the State
                            Department Basic Authorities Act of
                            1956,
            and, if the Attorney General (or with respect to clause
            (ii), the Secretary of State and the Attorney General
            jointly) considers it to be appropriate, the spouse,
            married and unmarried sons and daughters, and parents
            of an alien described in clause (i) or (ii) if
            accompanying, or following to join, the alien[.]; or
              (T) an alien who is the spouse or child of a another
            alien who is serving on active duty in the Armed Forces
            of the United States during the period in which the
            other alien is stationed in the United States.
              * * * * * * *
      (17) The term ``immigration laws'' includes this Act and all
    laws, conventions, and treaties of the United States relating
    to the immigration, exclusion, deportation, [or expulsion]
    expulsion, or removal of aliens.
              * * * * * * *
      (27) The term ``special immigrant'' means--
              (A)  * * *
              [(B) an immigrant who was a citizen of the United
            States and may, under section 324(a) or 327 of title
            III, apply for reacquisition of citizenship;]
              (C) an immigrant, and the immigrant's spouse and
            children if accompanying or following to join the
            immigrant, who--
                      (i) for at least 2 years immediately
                    preceding the time of application for
                    admission, has been a member of a religious
                    denomination having a bona fide nonprofit,
                    religious organization in the United States;
                      (ii) seeks to enter the United States--
                              (I) solely for the purpose of
                            carrying on the vocation of a minister
                            of that religious denomination,
                              (II) before October 1, [1997] 2005,
                            in order to work for the organization
                            at the request of the organization in a
                            professional capacity in a religious
                            vocation or occupation, or
                              (III) before October 1, [1997] 2005,
                            in order to work for the organization
                            (or for a bona fide organization which
                            is affiliated with the religious
                            denomination and is exempt from
                            taxation as an organization described
                            in section 501(c)(3) of the Internal
                            Revenue Code of 1986) at the request of
                            the organization in a religious
                            vocation or occupation; and
                      (iii) has been carrying on such vocation,
                    professional work, or other work continuously
                    for at least the 2-year period described in
                    clause (i);
              (D) an immigrant who is an employee, or an honorably
            retired former employee, of the United States
            Government abroad, or of the American Institute in
            Taiwan, and who has performed faithful service for a
            total of fifteen years, or more, and his accompanying
            spouse and children: Provided, That the principal
            officer of a Foreign Service establishment (or, in the
            case of the American Institute in Taiwan, the Director
            thereof), in his discretion, shall have recommended the
            granting of special immigrant status to such alien in
            exceptional circumstances and the Secretary of State
            approves such recommendation and finds that it is in
            the national interest to grant such status;
              [(E) an immigrant, and his accompanying spouse and
            children, who is or has been an employee of the Panama
            Canal Company or Canal Zone Government before the date
            on which the Panama Canal Treaty of 1977 (as described
            in section 3 (a)(1) of the Panama Canal Act of 1979)
            enters into force, who was resident in the Canal Zone
            on the effective date of the exchange of instruments of
            ratification of such Treaty, and who has performed
            faithful service as such an employee for one year or
            more;
              [(F) an immigrant, and his accompanying spouse and
            children, who is a Panamanian national and (i) who,
            before the date on which such Panama Canal Treaty of
            1977 enters into force, has been honorably retired from
            United States Government employment in the Canal Zone
            with a total of 15 years or more of faithful service,
            or (ii) who on the date on which such Treaty enters
            into force, has been employed by the United States
            Government in the Canal Zone with a total of 15 years
            or more of faithful service and who subsequently is
            honorably retired from such employment or continues to
            be employed by the United States Government in an area
            of the former Canal Zone or continues to be employed by
            the United States Government in an area of the former
            Canal Zone;
              [(G) an immigrant, and his accompanying spouse and
            children, who was an employee of the Panama Canal
            Company or Canal Zone government on the effective date
            of the exchange of instruments of ratification of such
            Panama Canal Treaty of 1977, who has performed faithful
            service for five years or more as such an employee, and
            whose personal safety, or the personal safety of whose
            spouse or children, as a direct result of such Treaty,
            is reasonably placed in danger because of the special
            nature of any of that employment;
              [(H) an immigrant, and his accompanying spouse and
            children, who--
                      [(i) has graduated from a medical school or
                    has qualified to practice medicine in a foreign
                    state,
                      [(ii) was fully and permanently licensed to
                    practice medicine in a State on January 9,
                    1978, and was practicing medicine in a State on
                    that date,
                      [(iii) entered the United States as a
                    nonimmigrant under subsection (a)(15)(H) or
                    (a)(15)(J) before January 10, 1978, and
                      [(iv) has been continuously present in the
                    United States in the practice or study of
                    medicine since the date of such entry;]
              * * * * * * *
              (J) an immigrant (i) who has been declared dependent
            on a juvenile court located in the United States or
            whom such a court has legally committed to, or placed
            under the custody of, an agency or department of a
            State and who has been deemed eligible by that court
            for long-term foster care, and (ii) for whom it has
            been determined in administrative or judicial
            proceedings that it would not be in the alien's best
            interest to be returned to the alien's or parent's
            previous country of nationality or country of last
            habitual residence; except that no natural parent or
            prior adoptive parent of any alien provided special
            immigrant status under this subparagraph shall
            thereafter, by virtue of such parentage, be accorded
            any right, privilege, or status under this Act; [or]
              (K) an immigrant who has served honorably on active
            duty in the Armed Forces of the United States after
            October 15, 1978, and after original lawful enlistment
            outside the United States (under a treaty or agreement
            in effect on the date of the enactment of this
            subparagraph) for a period or periods aggregating--
                      (i) 12 years and who, if separated from such
                    service, was never separated except under
                    honorable conditions, or
                      (ii) 6 years, in the case of an immigrant who
                    is on active duty at the time of seeking
                    special immigrant status under this
                    subparagraph and who has reenlisted to incur a
                    total active duty service obligation of at
                    least 12 years,
            and the spouse or child of any such immigrant if
            accompanying or following to join the immigrant, but
            only if the executive department under which the
            immigrant serves or served recommends the granting of
            special immigrant status to the immigrant[.]; or
              (L) an immigrant who would be described in clause
            (i), (ii), (iii), or (iv) of subparagraph (I) if any
            reference in such a clause--
                      (i) to an international organization
                    described in paragraph (15)(G)(i) were treated
                    as a reference to the North American Treaty
                    Organization (NATO);
                      (ii) to a nonimmigrant under paragraph
                    (15)(G)(iv) were treated as a reference to a
                    nonimmigrant classifiable under NATO-6 (as a
                    member of a civilian component accompanying a
                    force entering in accordance with the
                    provisions of the NATO Status-of-Forces
                    Agreement, a member of a civilian component
                    attached to or employed by an Allied
                    Headquarters under the ``Protocol on the Status
                    of International Military Headquarters'' set up
                    pursuant to the North Atlantic Treaty, or as a
                    dependent); and
                      (iii) to the Immigration Technical
                    Corrections Act of 1988 or to the Immigration
                    and Nationality Technical Corrections Act of
                    1994 were a reference to the Immigration in the
                    National Interest Act of 1995.
              * * * * * * *
      (30) The term ``passport'' means any travel document issued
    by competent authority showing the bearer's origin, identity,
    and nationality if any, which is valid for the [entry]
    admission of the bearer into a foreign country.
              * * * * * * *
      (42) The term ``refugee'' means (A) any person who is outside
    any country of such person's nationality or, in the case of a
    person having no nationality, is outside any country in which
    such person last habitually resided, and who is unable or
    unwilling to return to, and is unable or unwilling to avail
    himself or herself of the protection of, that country because
    of persecution or a well-founded fear of persecution on account
    of race, religion, nationality, membership in a particular
    social group, or political opinion, or (B) in such
    circumstances as the President after appropriate consultation
    (as defined in section 207(e) of this Act) may specify, any
    person who is within the country of such person's nationality
    or, in the case of a person having no nationality, within the
    country in which such person is habitually residing, and who is
    persecuted or who has a well-founded fear of persecution on
    account of race, religion, nationality, membership in a
    particular social group, or political opinion. The term
    ``refugee'' does not include any person who ordered, incited,
    assisted, or otherwise participated in the persecution of any
    person on account of race, religion, nationality, membership in
    a particular social group, or political opinion. For purposes
    of determinations under this Act, a person who has been forced
    to abort a pregnancy or to undergo involuntary sterilization,
    or who has been persecuted for failure or refusal to undergo
    such a procedure or for other resistance to a coercive
    population control program, shall be deemed to have been
    persecuted on account of political opinion, and a person who
    has a well founded fear that he or she will be forced to
    undergo such a procedure or subject to persecution for such
    failure, refusal, or resistance shall be deemed to have a well
    founded fear of persecution on account of political opinion.
      (43) The term ``aggravated felony'' means--
                      (A) murder;
              * * * * * * *
                      (K) an offense that--
                              (i) relates to the owning,
                            controlling, managing, or supervising
                            of a prostitution business; or
                              (ii) is described in section 1581,
                            1582, 1583, 1584, 1585, or 1588[,] of
                            title 18, United States Code (relating
                            to peonage, slavery, and involuntary
                            servitude);
              * * * * * * *
                      (N) an offense described in section 274(a)(1)
                    [of title 18, United States Code] of this Act
                    (relating to alien smuggling) for the purpose
                    of commercial advantage;
                      (O) an offense described in section 1546(a)
                    of title 18, United States Code (relating to
                    document fraud) [which constitutes trafficking
                    in the documents described in such section for
                    which the term of imprisonment imposed
                    (regardless of any suspicion of such
                    imprisonment) is at least 5 years], for the
                    purpose of commercial advantage;
              * * * * * * *
                      (Q) an attempt or conspiracy to commit an
                    offense described in this paragraph.
            The term applies to an offense described in this
            paragraph whether in violation of Federal or State law
            and applies to such an offense in violation of the law
            of a foreign country for which the term of imprisonment
            was completed within the previous 15 years.
            Notwithstanding any other provision of law, the term
            applies for all purposes to convictions entered before,
            on, or after the date of enactment of the Immigration
            and Nationality Technical Corrections Act of 1994.
              * * * * * * *
      (47) The term ``stowaway'' means any alien who obtains
    transportation without the consent of the owner, charterer,
    master or person in command of any vessel or aircraft through
    concealment aboard such vessel or aircraft. A passenger who
    boards with a valid ticket is not to be considered a stowaway.
      (48) The term ``conviction'' means a formal judgment of guilt
    entered by a court or, if adjudication of guilt has been
    withheld, where all of the following elements are present:
              (A) A judge or jury has found the alien guilty or the
            alien has entered a plea of guilty or nolo contendere
            or has admitted sufficient facts to warrant a finding
            of guilt.
              (B) The judge has ordered some form of punishment,
            penalty, or restraint on the alien's liberty to be
            imposed.
              (C) A judgment or adjudication of guilt may be
            entered if the alien violates the terms of the
            probation or fails to comply with the requirements of
            the court's order, without availability of further
            proceedings regarding the alien's guilt or innocence of
            the original charge.
      (b) As used in titles I and II--
      (1) The term ``child'' means an unmarried person under
    twenty-one years of age who is--
              (A) a child born in wedlock;
              * * * * * * *
              (D) a child born out of wedlock, by, through whom, or
            on whose behalf a status, privilege, or benefit is
            sought by virtue of the relationship of the child to
            its natural mother or to its natural father if the
            father has or had a bona fide parent-child relationship
            with the person;
              (E) a child adopted while under the age of sixteen
            years if the child has been in the legal custody of,
            and has resided with, the adopting parent or parents
            for at least two years: Provided, That no natural
            parent of any such adopted child shall thereafter, by
            virtue of such parentage, be accorded any right,
            privilege, or status under this Act; [or]
              (F) a child, under the age of sixteen at the time a
            petition is filed in his behalf to accord a
            classification [as an immediate relative under section
            201(b)] as a child of a citizen of the United States,
            who is an orphan because of the death or disappearance
            of, abandonment or desertion by, or separation or loss
            from, both parents, or for whom the sole or surviving
            parent is incapable of providing the proper care and
            has in writing irrevocably released the child for
            emigration and adoption; who has been adopted abroad by
            a United States citizen and spouse jointly, or by an
            unmarried United States citizen at least twenty-five
            years of age, who personally saw and observed the child
            prior to or during the adoption proceedings; or who is
            coming to the United States for adoption by a United
            States citizen and spouse jointly, or by an unmarried
            United States citizen at least twenty-five years of
            age, who have or has complied with the preadoption
            requirements, if any, of the child's proposed
            residence: Provided, That the Attorney General is
            satisfied that proper care will be furnished the child
            if admitted to the United States: Provided further,
            That no natural parent or prior adoptive parent of any
            such child shall thereafter, by virtue of such
            parentage, be accorded any right, privilege, or status
            under this Act[.]; or
              (G) a child of a citizen or national of the United
            States or lawful permanent resident alien, regardless
            of age, who has never been married, and who has a
            severe mental or physical impairment, or combination of
            mental or physical impairments, which--
                      (i) is likely to continue indefinitely; and
                      (ii) causes substantially total inability to
                    perform functions necessary for independent
                    living, including but not necessarily limited
                    to 3 or more of the following areas of major
                    life activity--
                              (I) self-care,
                              (II) interpersonal communication,
                              (III) learning,
                              (IV) mobility, and
                              (V) self-direction:
            Provided, That no child may be considered to be a child
            within the meaning of this subparagraph on the basis,
            in whole or in part, of any physical or mental
            impairment that is not being ameliorated through
            medical treatment to the maximum extent reasonably
            possible given the ability and resources of such child
            and the citizen, national, or lawful permanent resident
            alien who is the child's parent.
              * * * * * * *
      [(4) The term ``special inquiry officer'' means any
    immigration officer who the Attorney General deems specially
    qualified to conduct specified classes of proceedings, in whole
    or in part, required by this Act to be conducted by or before a
    special inquiry officer and who is designated and selected by
    the Attorney General, individually or by regulation, to conduct
    such proceedings. Such special inquiry officer shall be subject
    to such supervision and shall perform such duties, not
    inconsistent with this Act, as the Attorney General shall
    prescribe.]
      (4) The term ``immigration judge'' means an attorney whom the
    Attorney General appoints as an administrative judge within the
    Executive Office for Immigration Review, qualified to conduct
    specified classes of proceedings, including a hearing under
    section 240. An immigration judge shall be subject to such
    supervision and shall perform such duties as the Attorney
    General shall prescribe, but shall not be employed by the
    Immigration and Naturalization Service.
              * * * * * * *
      (c) As used in title III--
      (1) The term ``child'' means an unmarried person under
    twenty-one years of age and includes a child legitimated under
    the law of the child's residence or domicile, or under the law
    of the father's residence or domicile, whether in the United
    States or elsewhere, and, except as otherwise provided in
    sections 320[, 321, and 322] and 321 of title III, a child
    adopted in the United States, if such legitimation or adoption
    takes place before the child reaches the age of sixteen years,
    and the child is in the legal custody of the legitimating or
    adopting parent or parents at the time of such legitimation or
    adoption.
              * * * * * * *
      (f) For the purposes of this Act--
      No person shall be regarded as, or found to be, a person of
    good moral character who, during the period for which good
    moral character is required to be established, is, or was--
              (1)  * * *
              * * * * * * *
              (3) a member of one or more of the classes of
            persons, whether [excludable] inadmissible or not,
            described in paragraphs (2)(D), (6)(E), and (9)(A) of
            section 212(a) of this Act; or subparagraphs (A) and
            (B) of section 212(a)(2) and subparagraph (C) thereof
            of such section (except as such paragraph relates to a
            single offense of simple possession of 30 grams or less
            of marihuana); if the offense described therein, for
            which such person was convicted or of which he admits
            the commission, was committed during such period;
              * * * * * * *
      (g) For the purposes of this Act any alien ordered deported
    or removed (whether before or after the enactment of this Act)
    who has left the United States, shall be considered to have
    been deported or removed in pursuance of law, irrespective of
    the source from which the expenses of his transportation were
    defrayed or of the place to which he departed.
              * * * * * * *

               applicability of title ii to certain nonimmigrants

      Sec. 102. Except as otherwise provided in this Act, for so
    long as they continue in the nonimmigrant classes enumerated in
    this section, the provisions of this Act relating to
    ineligibility to receive visas and the [exclusion or
    deportation] removal of aliens shall not be construed to apply
    to nonimmigrants--
              (1)  * * *
              * * * * * * *

         powers and duties of the attorney general and the commissioner

      Sec. 103. (a)  * * *
              * * * * * * *
      (c)(1)  * * *
      (2) Such information shall include information on the alien
    population in the United States, on the rates of naturalization
    and emigration of resident aliens, on aliens who have been
    admitted, paroled, or granted asylum, on nonimmigrants in the
    United States (by occupation, basis for admission, and duration
    of stay), on aliens who have [been excluded or deported] not
    been admitted or have been removed from the United States, on
    the number of applications filed and granted for [suspension of
    deportation] cancellation of removal, and on the number of
    aliens estimated to be present unlawfully in the United States
    in each fiscal year.
              * * * * * * *
      (e)(1) The Attorney General shall continue to provide for
    such programs (including intensive language training programs)
    of inservice training for full-time and part-time personnel of
    the Border Patrol in contact with the public as will
    familiarize the personnel with the rights and varied cultural
    backgrounds of aliens and citizens in order to ensure and
    safeguard the constitutional and civil rights, personal safety,
    and human dignity of all individuals, aliens as well as
    citizens, within the jurisdiction of the United States with
    whom such personnel have contact in their work.
      (2) The Attorney General shall provide that the annual report
    of the Service include a description of steps taken to carry
    out paragraph (1).
              * * * * * * *

            [judicial review of orders of deportation and exclusion

      [Sec. 106. (a) The procedure prescribed by, and all the
    provisions of chapter 158 of title 28, United States Code,
    shall apply to, and shall be the sole and exclusive procedure
    for, the judicial review of all final orders of deportation
    heretofore or hereafter made against aliens within the United
    States pursuant to administrative proceedings under section
    242(b) or pursuant to section 242A of this Act or comparable
    provisions of any prior Act, except that--
              [(1) a petition for review may be filed not later
            than 90 days after the date of the issuance of the
            final deportation order, or, in the case of an alien
            convicted of an aggravated felony (including an alien
            described in section 242A), not later than 30 days
            after the issuance of such order;
              [(2) the venue of any petition for review under this
            section shall be in the judicial circuit in which the
            administrative proceedings before a special inquiry
            officer were conducted in whole or in part, or in the
            judicial circuit wherein is the residence, as defined
            in this Act, of the petitioner, but not in more than
            one circuit;
              [(3) the action shall be brought against the
            Immigration and Naturalization Service, as respondent.
            Service of the petition to review shall be made upon
            the Attorney General of the United States and upon the
            official of the Immigration and Naturalization Service
            in charge of the Service district in which the office
            of the clerk of the court is located. The service of
            the petition for review upon such official of the
            Service shall stay the deportation of the alien pending
            determination of the petition by the court, unless the
            court otherwise directs or unless the alien is
            convicted of an aggravated felony (including an alien
            described in section 242A), in which case the Service
            shall not stay the deportation of the alien pending
            determination of the petition of the court unless the
            court otherwise directs;
              [(4) except as provided in clause (B) of paragraph
            (5) of this subsection, the petition shall be
            determined solely upon the administrative record upon
            which the deportation order is based and the Attorney
            General's findings of fact, if supported by reasonable,
            substantial, and probative evidence on the record
            considered as a whole, shall be conclusive;
              [(5) whenever any petitioner, who seeks review of an
            order under this section, claims to be a national of
            the United States and makes a showing that his claim is
            not frivolous, the court shall (A) pass upon the issues
            presented when it appears from the pleadings and
            affidavits filed by the parties that no genuine issue
            of material fact is presented; or (B) where a genuine
            issue of material fact as to the petitioner's
            nationality is presented, transfer the proceedings to a
            United States district court for the district where the
            petitioner has his residence for hearing de novo of the
            nationality claim and determination as if such
            proceedings were originally initiated in the district
            court under the provisions of section 2201 of title 28,
            United States Code. Any such petitioner shall not be
            entitled to have such issue determined under section
            360(a) of this Act or otherwise;
              [(6) whenever a petitioner seeks review of an order
            under this section, any review sought with respect to a
            motion to reopen or reconsider such an order shall be
            consolidated with the review of the order;
              [(7) if the validity of a deportation order has not
            been judicially determined, its validity may be
            challenged in a criminal proceeding against the alien
            for violation of subsection (d) or (e) of section 242
            of this Act only by separate motion for judicial review
            before trial. Such motion shall be determined by the
            court without a jury and before the trial of the
            general issue. Whenever a claim to United States
            nationality is made in such motion, and in the opinion
            of the court, a genuine issue of material fact as to
            the alien's nationality is presented, the court shall
            accord him a hearing de novo on the nationality claim
            and determine that issue as if proceedings had been
            initiated under the provisions of section 2201 of title
            28, United States Code. Any such alien shall not be
            entitled to have such issue determined under section
            360(a) of this Act or otherwise. If no such hearing de
            novo as to nationality is conducted, the determination
            shall be made solely upon the administrative record
            upon which the deportation order is based and the
            Attorney General's findings of fact, if supported by
            reasonable, substantial and probative evidence on the
            record considered as a whole, shall be conclusive. If
            the deportation order is held invalid, the court shall
            dismiss the indictment and the United States shall have
            the right to appeal to the court of appeals within
            thirty days. The procedure on such appeals shall be as
            provided in the Federal rules of criminal procedure. No
            petition for review under this section may be filed by
            any alien during the pendency of a criminal proceeding
            against such alien for violation of subsection (d) or
            (e) of section 242 of this Act;
              [(8) nothing in this section shall be construed to
            require the Attorney General to defer deportation of an
            alien after the issuance of a deportation order because
            of the right of judicial review of the order granted by
            this section, or to relieve any alien from compliance
            with subsections (d) and (e) of section 242 of this
            Act. Nothing contained in this section shall be
            construed to preclude the Attorney General from
            detaining or continuing to detain an alien or from
            taking him into custody pursuant to subsection (c) of
            section 242 of this Act at any time after the issuance
            of a deportation order;
              [(9) it shall not be necessary to print the record or
            any part thereof, or the briefs, and the court shall
            review the proceedings on a typewritten record and on
            typewritten briefs; and
              [(10) any alien held in custody pursuant to an order
            of deportation may obtain judicial review thereof by
            habeas corpus proceedings.
      [(b) Notwithstanding the provisions of any other law, any
    alien against whom a final order of exclusion has been made
    heretofore or hereafter under the provisions of section 236 of
    this Act or comparable provisions of any prior Act may obtain
    judicial review of such order by habeas corpus proceedings and
    not otherwise.
      [(c) An order of deportation or of exclusion shall not be
    reviewed by any court if the alien has not exhausted the
    administrative remedies available to him as of right under the
    immigration laws and regulations or if he has departed from the
    United States after the issuance of the order. Every petition
    for review or for habeas corpus shall state whether the
    validity of the order has been upheld in any prior judicial
    proceeding, and, if so, the nature and date thereof, and the
    court in which such proceeding took place. No petition for
    review or for habeas corpus shall be entertained if the
    validity of the order has been previously determined in any
    civil or criminal proceeding, unless the petition presents
    grounds which the court finds could not have been presented in
    such prior proceeding, or the court finds that the remedy
    provided by such prior proceeding was inadequate or ineffective
    to test the validity of the order.
      [(d)(1) A petition for review or for habeas corpus on behalf
    of an alien against whom a final order of deportation has been
    issued pursuant to section 242A(b) may challenge only--
              [(A) whether the alien is in fact the alien described
            in the order;
              [(B) whether the alien is in fact an alien described
            in section 242A(b)(2);
              [(C) whether the alien has been convicted of an
            aggravated felony and such conviction has become final;
            and
              [(D) whether the alien was afforded the procedures
            required by section 242A(b)(4).
      [(2) No court shall have jurisdiction to review any issue
    other than an issue described in paragraph (1).]

                             TITLE II--IMMIGRATION

                          Chapter 1--Selection System

                         worldwide level of immigration

      Sec. 201. (a) In General.--Exclusive of aliens described in
    subsection (b), aliens born in a foreign state or dependent
    area who may be issued immigrant visas or who may otherwise
    acquire the status of an alien lawfully admitted to the United
    States for permanent residence are limited to--
              (1)  * * *
              (2) employment-based immigrants described in section
            203(b) (or who are admitted under section 211(a) on the
            basis of a prior issuance of a visa to their
            accompanying parent under section 203(b)), in a number
            not to exceed in any fiscal year the number specified
            in subsection (d) for that year, and not to exceed in
            any of the first 3 quarters of any fiscal year 27
            percent of the worldwide level under such subsection
            for all of such fiscal year; [and]
              (3) for fiscal years beginning with fiscal year 1995,
            diversity immigrants described in section 203(c) (or
            who are admitted under section 211(a) on the basis of a
            prior issuance of a visa to their accompanying parent
            under section 203(c)) in a number not to exceed in any
            fiscal year the number specified in subsection (e) for
            that year, and not to exceed in any of the first 3
            quarters of any fiscal year 27 percent of the worldwide
            level under such subsection for all of such fiscal
            year[.]; and
              (4) for fiscal years beginning with fiscal year 1997,
            humanitarian immigrants described in section 203(e) (or
            who are admitted under section 211(a) on the basis of a
            prior issuance of a visa to their accompanying parent
            under section 203(e)) in a number not to exceed in any
            fiscal year the number specified in subsection (f) for
            that year, and not to exceed in any of the first 3
            quarters of any fiscal year 27 percent of the worldwide
            level under such subsection for all of such fiscal
            year.
      (b) Aliens Not Subject to Direct Numerical Limitations.--
    Aliens described in this subsection, who are not subject to the
    worldwide levels or numerical limitations of subsection (a),
    are as follows:
              (1)(A) Special immigrants described in subparagraph
            (A) [or (B)] of section 101(a)(27).
              * * * * * * *
              (C) Aliens whose status is adjusted to permanent
            residence under section 210[, 210A,] or 245A.
              (D) Aliens whose [deportation is suspended] removal
            is canceled under section [244(a)] 240A(a).
              (E) Aliens provided permanent resident status under
            section 249.
              (2)(A)(i) [Immediate relatives.--For purposes of this
            subsection, the term ``immediate relatives'' means the
            children, spouses, and parents of a citizen of the
            United States, except that, in the case of parents,
            such citizens shall be at least 21 years of age.] An
            alien who is a spouse or child of a citizen of the
            United States. In the case of an alien who was the
            spouse of a citizen of the United States for at least 2
            years at the time of the citizen's death and was not
            legally separated from the citizen at the time of the
            citizen's death, the alien (and each child of the
            alien) shall be considered, for purposes of this
            subsection, to remain [an immediate relative] a spouse
            of a citizen of the United States after the date of the
            citizen's death but only if the spouse files a petition
            under section 204(a)(1)(A)(ii) within 2 years after
            such date and only until the date the spouse remarries.
              (ii) Aliens admitted under section 211(a) on the
            basis of a prior issuance of a visa to their
            accompanying parent who is [such an immediate relative]
            a spouse of a citizen of the United States.
              (B) Aliens born to an alien lawfully admitted for
            permanent residence during a temporary visit abroad.
      [(c) Worldwide Level of Family-Sponsored Immigrants.--(1)(A)
    The worldwide level of family-sponsored immigrants under this
    subsection for a fiscal year is, subject to subparagraph (B),
    equal to--
              [(i) 480,000, minus
              [(ii) the number computed under paragraph (2), plus
              [(iii) the number (if any) computed under paragraph
            (3).
      [(B)(i) For each of fiscal years 1992, 1993, and 1994,
    465,000 shall be substituted for 480,000 in subparagraph
    (A)(i).
      [(ii) In no case shall the number computed under subparagraph
    (A) be less than 226,000.
      [(2) The number computed under this paragraph for a fiscal
    year is the sum of the number of aliens described in
    subparagraphs (A) and (B) of subsection (b)(2) who were issued
    immigrant visas or who otherwise acquired the status of aliens
    lawfully admitted to the United States for permanent residence
    in the previous fiscal year.
      [(3)(A) The number computed under this paragraph for fiscal
    year 1992 is zero.
      [(B) The number computed under this paragraph for fiscal year
    1993 is the difference (if any) between the worldwide level
    established under paragraph (1) for the previous fiscal year
    and the number of visas issued under section 203(a) during that
    fiscal year.
      [(C) The number computed under this paragraph for a
    subsequent fiscal year is the difference (if any) between the
    maximum number of visas which may be issued under section
    203(b) (relating to employment-based immigrants) during the
    previous fiscal year and the number of visas issued under that
    section during that year.]
      (c) Worldwide Level of Family-Sponsored Immigrants.--
              (1) In general.--Subject to the succeeding provisions
            of this subsection, the worldwide level of family-
            sponsored immigrants under this subsection (in this
            subsection referred to as the ``worldwide family
            level'') for a fiscal year is 330,000.
              (2) Reduction for spouses and children of united
            states citizens and certain other family-related
            immigrants.--The worldwide family level for a fiscal
            year shall be reduced (but not below a number
            sufficient to provide for the minimum visa numbers
            described in paragraph (4)) by the number of aliens
            described in subsection (b)(2) who were issued
            immigrant visas or who otherwise acquired the status of
            aliens lawfully admitted to the United States for
            permanent residence in the previous fiscal year.
              (3) Further reduction for any previous excess family
            immigration.--
                      (A) In general.--If there are excess family
                    admissions in a particular fiscal year (as
                    determined under subparagraph (B)) beginning
                    with fiscal year 1997, then for the following
                    fiscal year the worldwide family level shall be
                    reduced (but not below a number sufficient to
                    provide for the minimum visa numbers described
                    in paragraph (4)) by the net number of excess
                    admissions in that particular fiscal year (as
                    defined in subparagraph (C)).
                      (B) Determination of excess family
                    admissions.--For purposes of subparagraph (A),
                    there are excess family admissions in a fiscal
                    year if--
                              (i) the number of aliens who are
                            issued immigrant visas or who otherwise
                            acquire the status of aliens lawfully
                            admitted to the United States for
                            permanent residence under section
                            203(a) or subsection (b)(2) in a fiscal
                            year, exceeds
                              (ii) 330,000, less the carryforward
                            number of excess admissions for the
                            previous fiscal year (as defined in
                            subparagraph (D)).
                    For purposes of this subparagraph, immigrant
                    visa numbers issued under section 553 of the
                    Immigration in the National Interest Act of
                    1995 (relating to certain transition
                    immigrants) shall not be counted under clause
                    (i).
                      (C) Net number of excess admissions.--For
                    purposes of subparagraph (A), the ``net number
                    of excess admissions'' for a fiscal year is--
                              (i) the excess described in
                            subparagraph (B) for the fiscal year,
                            reduced (but not below zero) by
                              (ii) the number (if any) by which the
                            worldwide level under subsection (d)
                            for the previous fiscal year exceeds
                            the number of immigrants who are issued
                            immigrant visas or who otherwise
                            acquire the status of aliens lawfully
                            admitted to the United States for
                            permanent residence under section
                            203(b) in that previous fiscal year.
                      (D) Carryforward number of excess
                    admissions.--For purposes of subparagraph
                    (B)(ii), the carryforward number of excess
                    admissions for a particular fiscal year is the
                    net number of excess admissions for the
                    previous fiscal year (as defined in
                    subparagraph (C)), reduced by the reductions
                    effected under subparagraph (A) and paragraph
                    (5) in visa numbers for the particular fiscal
                    year.
              (4) No reduction in number of spouses and children of
            lawful permanent residents or parents of united states
            citizens.--
                      (A) Spouses and children of lawful permanent
                    residents.--Any reductions in the worldwide
                    family level for a fiscal year under paragraph
                    (2) or (3) shall not reduce the number of visas
                    available to spouses and children of lawful
                    permanent residents below 85,000.
                      (B) Parents of united states citizens.--Any
                    reductions in the worldwide family level for a
                    fiscal year under paragraph (2) or (3) shall
                    not reduce the number of visas available to
                    parents of United States citizens below 25,000.
              (5) Adjustment in certain employment-based visa
            numbers in case of remaining excess family
            admissions.--
                      (A) In general.--If there is a remaining
                    excess number of family admissions (as
                    described in subparagraph (B)) in a fiscal year
                    (beginning with fiscal year 1997) that is
                    greater than zero, then for the following
                    fiscal year there shall be reductions in
                    immigrant visa numbers made available under
                    subsection (d) and section 203(b)(4) by the
                    lesser of--
                              (i) the remaining excess number of
                            family admissions (described in
                            subparagraph (B)), or
                              (ii) \1/2\ of the maximum number of
                            visa numbers that could (but for this
                            paragraph) otherwise be made available
                            under section 203(b)(5) in such
                            following fiscal year.
                      (B) Remaining excess number of family
                    admissions described.--For purposes of
                    subparagraph (A), the ``remaining excess number
                    of family admissions'' in a fiscal year is the
                    net number of excess admissions for the fiscal
                    year (as defined in paragraph (3)(C)), reduced
                    by the reduction (if any) effected under
                    paragraph (3) in visa numbers for the
                    succeeding fiscal year.
      [(d) Worldwide Level of Employment-Based Immigrants.--(1) The
    worldwide level of employment-based immigrants under this
    subsection for a fiscal year is equal to--
              [(A) 140,000, plus
              [(B) the number computed under paragraph (2).
      [(2)(A) The number computed under this paragraph for fiscal
    year 1992 is zero.
      [(B) The number computed under this paragraph for fiscal year
    1993 is the difference (if any) between the worldwide level
    established under paragraph (1) for the previous fiscal year
    and the number of visas issued under section 203(b) during that
    fiscal year.
      [(C) The number computed under this paragraph for a
    subsequent fiscal year is the difference (if any) between the
    maximum number of visas which may be issued under section
    203(a) (relating to family-sponsored immigrants) during the
    previous fiscal year and the number of visas issued under that
    section during that year.]
      (d) Worldwide Level of Employment-Based Immigrants.--The
    worldwide level of employment-based immigrants under this
    subsection for a fiscal year is--
              (1) 135,000, minus
              (2) beginning with fiscal year 1998, the total of the
            reductions (if any) in visa numbers under section
            203(a)(3)(C) made for the fiscal year pursuant to
            subsection (c)(5) and in visa numbers under this
            subsection for the fiscal year pursuant to section
            203(a)(3)(B)(ii)(II).
      [(e) Worldwide Level of Diversity Immigrants.--The worldwide
    level of diversity immigrants is equal to 55,000 for each
    fiscal year.]
      (e) Worldwide Level of Diversity Immigrants.--The worldwide
    level of diversity immigrants is equal to 27,000 for each
    fiscal year.
      (f) Worldwide Level of Humanitarian Immigrants.--
              (1) In general.--Subject to the succeeding provisions
            of this subsection, the worldwide level of humanitarian
            immigrants (in this subsection referred to as the
            ``worldwide humanitarian level'') under this subsection
            for a fiscal year is equal to 70,000.
              (2) Reduction for humanitarian immigrants who are
            refugees or asylees.--The worldwide humanitarian level
            for a fiscal year shall be reduced by the sum of--
                      (A) 50,000, or, if less, the number of aliens
                    who were admitted as refugees under section 207
                    in the previous fiscal year, and
                      (B) the number of aliens who had been granted
                    asylum whose status was adjusted in the
                    previous fiscal year under section 209(b).
              (3) Reduction for prior year cancellation of removal
            and registry.--The worldwide humanitarian level for a
            fiscal year shall be further reduced by the sum of--
                      (A) the number of aliens whose removal was
                    canceled and who were provided lawful permanent
                    resident status in the previous fiscal year
                    under section 240A, and
                      (B) the number of aliens who were provided
                    permanent resident status in the previous
                    fiscal year under section 249.
              (4) Limitation.--In no case shall the worldwide
            humanitarian level for a fiscal year (taking into
            account any reductions under paragraphs (2) and (3))
            exceed 10,000.
      (g) Requirement for Periodic Review and Reauthorization of
    Worldwide Levels.--
              (1) Congressional review.--The Committees on the
            Judiciary of the House of Representatives and of the
            Senate shall undertake during fiscal year 2004 (and
            each fifth fiscal year thereafter) a thorough review of
            the appropriate worldwide levels of immigration to be
            provided under this section during the 5-fiscal-year
            period beginning with the second subsequent fiscal
            year.
              (2) Congressional reauthorization.--The Congress,
            after consideration of the reviews under paragraph (1)
            and by amendment to this section, shall specify the
            appropriate worldwide levels of immigration to be
            provided under this section during the 5-fiscal-year
            period beginning with the second subsequent fiscal
            year.
              (3) Sunset in absence of reauthorization.--The
            worldwide levels specified under the previous
            provisions of this section are applicable only to
            fiscal years 1997 through 2005. Immigrant visa numbers
            for fiscal years after fiscal year 2005 that are
            subject to such levels are only authorized to the
            extent provided by amendment under paragraph (2) made
            to this section.

                numerical limitation to any single foreign state

      Sec. 202. (a) Per Country Level.--
              (1) Nondiscrimination.--Except as specifically
            provided in [paragraph (2)] paragraphs (2) and (5) and
            in sections 101(a)(27), 201(b)(2)(A)(i), and 203, no
            person shall receive any preference or priority or be
            discriminated against in the issuance of an immigrant
            visa because of the person's race, sex, nationality,
            place of birth, or place of residence.
              * * * * * * *
              [(4) Special rules for spouses and children of lawful
            permanent resident aliens.--
                      [(A) 75 percent of 2nd preference set-aside
                    for spouses and children not subject to per
                    country limitation.--
                              [(i) In general.--Of the visa numbers
                            made available under section 203(a) to
                            immigrants described in section
                            203(a)(2)(A) in any fiscal year, 75
                            percent of the 2-A floor (as defined in
                            clause (ii)) shall be issued without
                            regard to the numerical limitation
                            under paragraph (2).
                              [(ii) 2-A floor defined.--In this
                            paragraph, the term ``2-A floor''
                            means, for a fiscal year, 77 percent of
                            the total number of visas made
                            available under section 203(a) to
                            immigrants described in section
                            203(a)(2) in the fiscal year.
                      [(B) Treatment of remaining 25 percent for
                    countries subject to subsection (e).--
                              [(i) In general.--Of the visa numbers
                            made available under section 203(a) to
                            immigrants described in section
                            203(a)(2)(A) in any fiscal year, the
                            remaining 25 percent of the 2-A floor
                            shall be available in the case of a
                            state or area that is subject to
                            subsection (e) only to the extent that
                            the total number of visas issued in
                            accordance with subparagraph (A) to
                            natives of the foreign state or area is
                            less than the subsection (e) ceiling
                            (as defined in clause (ii)).
                              [(ii) Subsection (e) ceiling
                            defined.--In clause (i), the term
                            ``subsection (e) ceiling'' means, for a
                            foreign state or dependent area, 77
                            percent of the maximum number of visas
                            that may be made available under
                            section 203(a) to immigrants who are
                            natives of the state or area under
                            section 203(a)(2) consistent with
                            subsection (e).
                      [(C) Treatment of unmarried sons and
                    daughters in countries subject to subsection
                    (e).--In the case of a foreign state or
                    dependent area to which subsection (e) applies,
                    the number of immigrant visas that may be made
                    available to natives of the state or area under
                    section 203(a)(2)(B) may not exceed--
                              [(i) 23 percent of the maximum number
                            of visas that may be made available
                            under section 203(a) to immigrants of
                            the state or area described in section
                            203(a)(2) consistent with subsection
                            (e), or
                              [(ii) the number (if any) by which
                            the maximum number of visas that may be
                            made available under section 203(a) to
                            immigrants of the state or area
                            described in section 203(a)(2)
                            consistent with subsection (e) exceeds
                            the number of visas issued under
                            section 203(a)(2)(A),
                    whichever is greater.
                      [(D) Limiting pass down for certain countries
                    subject to subsection (e).--In the case of a
                    foreign state or dependent area to which
                    subsection (e) applies, if the total number of
                    visas issued under section 203(a)(2) exceeds
                    the maximum number of visas that may be made
                    available to immigrants of the state or area
                    under section 203(a)(2) consistent with
                    subsection (e) (determined without regard to
                    this paragraph), in applying paragraphs (3) and
                    (4) of section 203(a) under subsection (e)(2)
                    all visas shall be deemed to have been required
                    for the classes specified in paragraphs (1) and
                    (2) of such section.]
              (4) Special rules for spouses and children of lawful
            permanent resident aliens.--
                      (A) 75 percent of 1st preference not subject
                    to per country limitation.--Of the visa numbers
                    made available under section 203(a) to
                    immigrants described in paragraph (1) of that
                    section in any fiscal year, 63,750 shall be
                    issued without regard to the numerical
                    limitation under paragraph (2).
                      (B) Limiting pass down for certain countries
                    subject to subsection (e).--In the case of a
                    foreign state or dependent area to which
                    subsection (e) applies, if the total number of
                    visas issued under section 203(a)(1) exceeds
                    the maximum number of visas that may be made
                    available to immigrants of the state or area
                    under such section consistent with subsection
                    (e) (determined without regard to this
                    paragraph), in applying paragraph (2) of
                    section 203(a) under subsection (e)(2) all
                    visas shall be deemed to have been required for
                    the classes specified in paragraph (1) of such
                    section.
              (5) Per country levels for humanitarian immigrants.--
            The total number of immigrant visas made available to
            natives of any single foreign state or dependent area
            under section 203(d) in any fiscal year may not exceed
            50 percent (in the case of a single foreign state) or
            15 percent (in the case of a dependent area) of the
            total number of such visas made available under such
            subsection in that fiscal year.
              (6) Construction.--Nothing in paragraph (1) shall be
            construed to limit the authority of the Secretary of
            State to determine the procedures for the processing of
            immigrant visa applications or the locations where such
            applications will be processed.
              * * * * * * *
      (e) Special Rules for Countries at Ceiling.--If it is
    determined that the total number of immigrant visas made
    available under subsections (a) and (b) of section 203 to
    natives of any single foreign state or dependent area will
    exceed the numerical limitation specified in subsection (a)(2)
    in any fiscal year, in determining the allotment of immigrant
    visa numbers to natives under subsections (a) and (b) of
    section 203, visa numbers with respect to natives of that state
    or area shall be allocated (to the extent practicable and
    otherwise consistent with this section and section 203) in a
    manner so that--
              (1) the ratio of the visa numbers made available
            under section 203(a) to the visa numbers made available
            under section 203(b) is equal to the ratio of the
            worldwide level of immigration under section 201(c) to
            such level under section 201(d) (determined without
            regard to subsections (c)(4) and (d)(2) of section
            201);
              (2) except as provided in subsection (a)(4), the
            proportion of the visa numbers made available under
            each of [paragraphs (1) through (4)] paragraphs (1) and
            (2) of section 203(a) is equal to the ratio of the
            total number of visas made available under the
            respective paragraph to the total number of visas made
            available under section 203(a), and
              (3) the proportion of the visa numbers made available
            under each of paragraphs (1) [through (5)] through (6)
            of section 203(b) is equal to the ratio of the total
            number of visas made available under the respective
            paragraph to the total number of visas made available
            under section 203(b).
    Nothing in this subsection shall be construed as limiting the
    number of visas that may be issued to natives of a foreign
    state or dependent area under section 203(a) or 203(b) if there
    is insufficient demand for visas for such natives under section
    203(b) or 203(a), respectively, or as limiting the number of
    visas that may be issued under section [203(a)(2)(A)] 203(a)(1)
    pursuant to subsection (a)(4)(A).
              * * * * * * *

                         allocation of immigrant visas

      Sec. 203. (a) Preference Allocation for Family-Sponsored
    Immigrants.--Aliens subject to the worldwide level specified in
    section 201(c) for family-sponsored immigrants shall be
    allotted visas as follows:
              [(1) Unmarried sons and daughters of citizens.--
            Qualified immigrants who are the unmarried sons or
            daughters of citizens of the United States shall be
            allocated visas in a number not to exceed 23,400, plus
            any visas not required for the class specified in
            paragraph (4).
              [(2) Spouses and unmarried sons and unmarried
            daughters of permanent resident aliens.--Qualified
            immigrants--
                      [(A) who are the spouses or children of an
                    alien lawfully admitted for permanent
                    residence, or
                      [(B) who are the unmarried sons or unmarried
                    daughters (but are not the children) of an
                    alien lawfully admitted for permanent
                    residence,
            shall be allocated visas in a number not to exceed
            114,200, plus the number (if any) by which such
            worldwide level exceeds 226,000, plus any visas not
            required for the class specified in paragraph (1);
            except that not less than 77 percent of such visa
            numbers shall be allocated to aliens described in
            subparagraph (A).
              [(3) Married sons and married daughters of
            citizens.--Qualified immigrants who are the married
            sons or married daughters of citizens of the United
            States shall be allocated visas in a number not to
            exceed 23,400, plus any visas not required for the
            classes specified in paragraphs (1) and (2).
              [(4) Brothers and sisters of citizens.--Qualified
            immigrants who are the brothers or sisters of citizens
            of the United States, if such citizens are at least 21
            years of age, shall be allocated visas in a number not
            to exceed 65,000, plus any visas not required for the
            classes specified in paragraphs (1) through (3).]
              (1) Spouses and children of lawful permanent resident
            aliens.--Immigrants who are the spouses and children of
            an alien lawfully admitted for permanent residence
            shall be allocated visas in a number not to exceed
            85,000, plus any immigrant visas not used under
            paragraphs (2) and (3).
              (2) Parents of united states citizens.--
                      (A) In general.--Immigrants who are the
                    parents of an individual who is at least 21
                    years of age and a citizen of the United States
                    shall be allocated visas in a number, which is
                    not less than 25,000 and does not exceed the
                    lesser of--
                              (i) 45,000, or
                              (ii) the number by which the
                            worldwide level exceeds 85,000.
                      (B) Reference to insurance requirement.--For
                    requirement relating to insurance for parents,
                    see section 212(a)(4)(D).
              (3) Adult sons and daughters.--
                      (A) In general.--Immigrants who are the
                    qualifying adult sons or daughters (as defined
                    in subparagraph (C)) of an individual who is
                    (i) at least 21 years of age and (ii) either a
                    citizen of the United States or an alien
                    lawfully admitted for permanent residence shall
                    be allocated visas according to the levels
                    established in subparagraph (B).
                      (B) Allocation of visas to adult sons and
                    daughters of united states citizens and
                    permanent resident aliens.--
                              (i) In general.--Subject to clause
                            (ii), any remaining visas shall be
                            allocated under this paragraph in a
                            number not to exceed the lesser of--
                                      (I) 5,000, or
                                      (II) the number by which the
                                    worldwide level exceeds the sum
                                    of 85,000 and the number of
                                    immigrant visas used under
                                    paragraph (2).
                              (ii) Allocation of additional visa
                            numbers.--
                                      (I) In general.--If the
                                    demand for visa numbers under
                                    this paragraph exceeds the
                                    number (if any) available under
                                    clause (i) in any fiscal year,
                                    an additional number of visas
                                    shall be made available under
                                    this paragraph, but not to
                                    exceed 5,000 additional visas
                                    numbers in any fiscal year.
                                      (II) Offsetting reduction in
                                    the levels of employment-based
                                    visas.--If an additional number
                                    of visa numbers are made
                                    available under subclause (I)
                                    in a fiscal year, the number of
                                    visas made available under
                                    section 201(a)(2) and
                                    paragraphs (1) through (6) of
                                    subsection (b) in the fiscal
                                    year shall be reduced by a
                                    number equal to such additional
                                    number reduced by the amount
                                    (if any) by which 110,000
                                    exceeds the number of immigrant
                                    visas used under paragraphs (1)
                                    and (2) of this subsection in
                                    the fiscal year. The reduction
                                    under each such paragraph of
                                    subsection (b) shall be in the
                                    same proportion to the total
                                    reduction as the ratio of the
                                    numerical limitation under each
                                    such paragraph specified under
                                    such subsection to the
                                    worldwide level of employment-
                                    based immigrants (as specified
                                    in section 201(d)).
                      (C) Qualifications.--For purposes of this
                    paragraph, the term ``qualifying adult son or
                    daughter'' means an immigrant who, as of the
                    date of approval of the classification petition
                    under section 204(a)(1)--
                              (i) is at least 21, but not more than
                            25 years of age,
                              (ii) has never been married,
                              (iii) is childless, and
                              (iv) would qualify as a dependent of
                            the petitioning individual for Federal
                            income tax purposes, except that the
                            immigrant does not meet the residence
                            requirements.
                      (D) Three-year conditional requirement.--
                              (i) Conditional basis for status.--
                            Notwithstanding any other provision of
                            this Act, an alien provided lawful
                            permanent residence status on the basis
                            of being a qualifying adult son or
                            daughter shall be considered, at the
                            time of obtaining the status of an
                            alien lawfully admitted for permanent
                            residence, to have obtained such status
                            on a conditional basis subject to the
                            provisions of this subparagraph.
                              (ii) Requirements of notice and
                            petitioning for removal of conditional
                            status.--The Attorney General shall
                            establish, by regulation, procedures
                            which incorporate the requirements of
                            notice and petitioning for removal of
                            conditional status similar to the
                            requirements for removal of conditional
                            status under section 216A.
                              (iii) Termination of status.--In the
                            case of an alien with permanent
                            resident status on a conditional basis
                            under clause (i), the alien must
                            demonstrate that the alien met the
                            qualifications set forth in
                            subparagraph (C) as of the date of
                            approval of the classification petition
                            under section 204(a). In the absence of
                            such a demonstration by the alien, the
                            alien's status shall be terminated.
                              (iv) Special rule.--In applying
                            section 216A under this subparagraph,
                            any reference to the ``second''
                            anniversary in such section is deemed a
                            reference to the ``third'' anniversary.
      (b) Preference Allocation for Employment-Based Immigrants.--
    Aliens subject to the worldwide level specified in section
    201(d) for employment-based immigrants in a fiscal year shall
    be allotted visas as follows:
              [(1) Priority workers.--Visas shall first be made
            available in a number not to exceed 28.6 percent of
            such worldwide level, plus any visas not required for
            the classes specified in paragraphs (4) and (5), to
            qualified immigrants who are aliens described in any of
            the following subparagraphs (A) through (C):
                      [(A) Aliens with extraordinary ability.--An
                    alien is described in this subparagraph if--
                              [(i) the alien has extraordinary
                            ability in the sciences, arts,
                            education, business, or athletics which
                            has been demonstrated by sustained
                            national or international acclaim and
                            whose achievements have been recognized
                            in the field through extensive
                            documentation,
                              [(ii) the alien seeks to enter the
                            United States to continue work in the
                            area of extraordinary ability, and
                              [(iii) the alien's entry into the
                            United States will substantially
                            benefit prospectively the United
                            States.
                      [(B) Outstanding professors and
                    researchers.--An alien is described in this
                    subparagraph if--
                              [(i) the alien is recognized
                            internationally as outstanding in a
                            specific academic area,
                              [(ii) the alien has at least 3 years
                            of experience in teaching or research
                            in the academic area, and
                              [(iii) the alien seeks to enter the
                            United States--
                                      [(I) for a tenured position
                                    (or tenure-track position)
                                    within a university or
                                    institution of higher education
                                    to teach in the academic area,
                                      [(II) for a comparable
                                    position with a university or
                                    institution of higher education
                                    to conduct research in the
                                    area, or
                                      [(III) for a comparable
                                    position to conduct research in
                                    the area with a department,
                                    division, or institute of a
                                    private employer, if the
                                    department, division, or
                                    institute employs at least 3
                                    persons full-time in research
                                    activities and has achieved
                                    documented accomplishments in
                                    an academic field.
                      [(C) Certain multinational executives and
                    managers.--An alien is described in this
                    subparagraph if the alien, in the 3 years
                    preceding the time of the alien's application
                    for classification and admission into the
                    United States under this subparagraph, has been
                    employed for at least 1 year by a firm or
                    corporation or other legal entity or an
                    affiliate or subsidiary thereof and the alien
                    seeks to enter the United States in order to
                    continue to render services to the same
                    employer or to a subsidiary or affiliate
                    thereof in a capacity that is managerial or
                    executive.
              [(2) Aliens who are members of the professions
            holding advanced degrees or aliens of exceptional
            ability.--
                      [(A) In general.--Visas shall be made
                    available, in a number not to exceed 28.6
                    percent of such worldwide level, plus any visas
                    not required for the classes specified in
                    paragraph (1), to qualified immigrants who are
                    members of the professions holding advanced
                    degrees or their equivalent or who because of
                    their exceptional ability in the sciences,
                    arts, or business, will substantially benefit
                    prospectively the national economy, cultural or
                    educational interests, or welfare of the United
                    States, and whose services in the sciences,
                    arts, professions, or business are sought by an
                    employer in the United States.
                      [(B) Waiver of job offer.--The Attorney
                    General may, when he deems it to be in the
                    national interest, waive the requirement of
                    subparagraph (A) that an alien's services in
                    the sciences, arts, professions, or business be
                    sought by an employer in the United States.
                      [(C) Determination of exceptional ability.--
                    In determining under subparagraph (A) whether
                    an immigrant has exceptional ability, the
                    possession of a degree, diploma, certificate,
                    or similar award from a college, university,
                    school, or other institution of learning or a
                    license to practice or certification for a
                    particular profession or occupation shall not
                    by itself be considered sufficient evidence of
                    such exceptional ability.
              [(3) Skilled workers, professionals, and other
            workers.--
                      [(A) In general.--Visas shall be made
                    available, in a number not to exceed 28.6
                    percent of such worldwide level, plus any visas
                    not required for the classes specified in
                    paragraphs (1) and (2), to the following
                    classes of aliens who are not described in
                    paragraph (2):
                              [(i) Skilled workers.--Qualified
                            immigrants who are capable, at the time
                            of petitioning for classification under
                            this paragraph, of performing skilled
                            labor (requiring at least 2 years
                            training or experience), not of a
                            temporary or seasonal nature, for which
                            qualified workers are not available in
                            the United States.
                              [(ii) Professionals.--Qualified
                            immigrants who hold baccalaureate
                            degrees and who are members of the
                            professions.
                              [(iii) Other workers.--Other
                            qualified immigrants who are capable,
                            at the time of petitioning for
                            classification under this paragraph, of
                            performing unskilled labor, not of a
                            temporary or seasonal nature, for which
                            qualified workers are not available in
                            the United States.
                      [(B) Limitation on other workers.--Not more
                    than 10,000 of the visas made available under
                    this paragraph in any fiscal year may be
                    available for qualified immigrants described in
                    subparagraph (A)(iii).
                      [(C) Labor certification required.--An
                    immigrant visa may not be issued to an
                    immigrant under subparagraph (A) until the
                    consular officer is in receipt of a
                    determination made by the Secretary of Labor
                    pursuant to the provisions of section
                    212(a)(5)(A).
              [(4) Certain special immigrants.--Visas shall be made
            available, in a number not to exceed 7.1 percent of
            such worldwide level, to qualified special immigrants
            described in section 101(a)(27) (other than those
            described in subparagraph (A) or (B) thereof), of which
            not more than 5,000 may be made available in any fiscal
            year to special immigrants described in subclause (II)
            or (III) of section 101(a)(27)(C)(ii).
              [(5) Employment creation.--
                      [(A) In general.--Visas shall be made
                    available, in a number not to exceed 7.1
                    percent of such worldwide level, to qualified
                    immigrants seeking to enter the United States
                    for the purpose of engaging in a new commercial
                    enterprise--
                              [(i) which the alien has established,
                              [(ii) in which such alien has
                            invested (after the date of the
                            enactment of the Immigration Act of
                            1990) or, is actively in the process of
                            investing, capital in an amount not
                            less than the amount specified in
                            subparagraph (C), and
                              [(iii) which will benefit the United
                            States economy and create full-time
                            employment for not fewer than 10 United
                            States citizens or aliens lawfully
                            admitted for permanent residence or
                            other immigrants lawfully authorized to
                            be employed in the United States (other
                            than the immigrant and the immigrant's
                            spouse, sons, or daughters).
                      [(B) Set-aside for targeted employment
                    areas.--
                              [(i) In general.--Not less than 3,000
                            of the visas made available under this
                            paragraph in each fiscal year shall be
                            reserved for qualified immigrants who
                            establish a new commercial enterprise
                            described in subparagraph (A) which
                            will create employment in a targeted
                            employment area.
                              [(ii) Targeted employment area
                            defined.--In this paragraph, the term
                            ``targeted employment area'' means, at
                            the time of the investment, a rural
                            area or an area which has experienced
                            high unemployment (of at least 150
                            percent of the national average rate).
                              [(iii) Rural area defined.--In this
                            paragraph, the term ``rural area''
                            means any area other than an area
                            within a metropolitan statistical area
                            or within the outer boundary of any
                            city or town having a population of
                            20,000 or more (based on the most
                            recent decennial census of the United
                            States).
                      [(C) Amount of capital required.--
                              [(i) In general.--Except as otherwise
                            provided in this subparagraph, the
                            amount of capital required under
                            subparagraph (A) shall be $1,000,000.
                            The Attorney General, in consultation
                            with the Secretary of Labor and the
                            Secretary of State, may from time to
                            time prescribe regulations increasing
                            the dollar amount specified under the
                            previous sentence.
                              [(ii) Adjustment for targeted
                            employment areas.--The Attorney General
                            may, in the case of investment made in
                            a targeted employment area, specify an
                            amount of capital required under
                            subparagraph (A) that is less than (but
                            not less than \1/2\ of) the amount
                            specified in clause (i).
                              [(iii) Adjustment for high employment
                            areas.--In the case of an investment
                            made in a part of a metropolitan
                            statistical area that at the time of
                            the investment--
                                      [(I) is not a targeted
                                    employment area, and
                                      [(II) is an area with an
                                    unemployment rate significantly
                                    below the national average
                                    unemployment rate,
                            the Attorney General may specify an
                            amount of capital required under
                            subparagraph (A) that is greater than
                            (but not greater than 3 times) the
                            amount specified in clause (i).]
              (1) Aliens with extraordinary ability.--Visas shall
            first be made available in a number not to exceed
            15,000 of such worldwide level to immigrants--
                      (A) who have extraordinary ability in the
                    sciences, arts, education, business, or
                    athletics which has been demonstrated by
                    sustained national or international acclaim and
                    whose achievements have been recognized in the
                    field through sufficient documentation,
                      (B) who seek to be admitted into the United
                    States to continue work in the area of
                    extraordinary ability, and
                      (C) whose admission into the United States
                    will substantially benefit prospectively the
                    United States.
              (2) Aliens who are outstanding professors and
            researchers or multinational executives and managers.--
                      (A) In general.--Visas shall be made
                    available, in a number not to exceed 30,000 of
                    such worldwide level, plus any visas not
                    required for the class specified in paragraph
                    (1), to immigrants who are aliens described in
                    subparagraph (B) or (C).
                      (B) Outstanding professors and researchers.--
                    An alien is described in this subparagraph if--
                              (i) the alien is recognized
                            internationally as outstanding in a
                            specific academic area,
                              (ii) the alien has at least 3 years
                            of experience in teaching or research
                            in the academic area, and
                              (iii) the alien seeks to enter the
                            United States--
                                      (I) for a tenured position
                                    (or tenure-track position)
                                    within a university or
                                    institution of higher education
                                    to teach in the academic area,
                                      (II) for a comparable
                                    position with a university or
                                    institution of higher education
                                    to conduct research in the
                                    area, or
                                      (III) for a comparable
                                    position to conduct research in
                                    the area with a department,
                                    division, or institute of a
                                    private employer, if the
                                    department, division, or
                                    institute employs at least 3
                                    persons full-time in research
                                    activities and has achieved
                                    documented accomplishments in
                                    an academic field.
                              (C) Certain multinational executives
                            and managers.--An alien is described in
                            this subparagraph if the alien, in the
                            3 years preceding the time of the
                            alien's application for classification
                            and admission into the United States
                            under this subparagraph, has been
                            employed for at least 1 year by a firm
                            or corporation or other legal entity or
                            an affiliate or subsidiary thereof and
                            the alien seeks to enter the United
                            States in order to continue to render
                            services to the same employer or to a
                            subsidiary or affiliate thereof in a
                            capacity that is managerial or
                            executive.
              (3) Aliens who are members of the professions holding
            advanced degrees or aliens of exceptional ability.--
                      (A) In general.--Visas shall be made
                    available, in a number not to exceed 30,000 of
                    such worldwide level, plus any visas not
                    required for the classes specified in
                    paragraphs (1) and (2), to immigrants who are
                    aliens described in subparagraph (B).
                      (B) Aliens who are members of the professions
                    holding advanced degrees or aliens of
                    exceptional ability.--
                              (i) In general.--An alien is
                            described in this subparagraph if the
                            alien is a member of a profession
                            holding an advanced degree or its
                            equivalent or who because of
                            exceptional ability in the sciences,
                            arts, or business will substantially
                            benefit prospectively the national
                            economy, cultural or educational
                            interests, or welfare of the United
                            States, and whose services in the
                            sciences, arts, professions, or
                            business are sought by an employer in
                            the United States.
                              (ii) Determination of exceptional
                            ability.--In determining under clause
                            (i) whether an immigrant has
                            exceptional ability, the possession of
                            a degree, diploma, certificate, or
                            similar award from a college,
                            university, school, or other
                            institution of learning or a license to
                            practice or certification for a
                            particular profession or occupation
                            shall not by itself be considered
                            sufficient evidence of such exceptional
                            ability.
                              (iii) Labor certification required.--
                            An immigrant visa may not be issued to
                            an immigrant under this subparagraph
                            until the consular officer is in
                            receipt of a determination made by the
                            Secretary of Labor pursuant to the
                            provisions of section 212(a)(5)(A).
                              (iv) National interest waiver.--The
                            Attorney General may waive the
                            requirement under clause (iii) and the
                            requirement under clause (i) that an
                            alien's services be sought by an
                            employer in the United States only if--
                                      (I) such a waiver is
                                    necessary to substantially
                                    benefit--
                                              (aa) the national
                                            security, national
                                            defense, or Federal,
                                            State, or local law
                                            enforcement;
                                              (bb) health care,
                                            housing, or educational
                                            opportunities for an
                                            indigent or low-income
                                            population or in an
                                            underserved
                                            geographical area;
                                              (cc) economic or
                                            employment
                                            opportunities for a
                                            specific industry or a
                                            specific geographical
                                            area;
                                              (dd) the development
                                            of new technologies; or
                                              (ee) environmental
                                            protection or the
                                            productive use of
                                            natural resources, and
                                      (II) the alien will engage in
                                    a specific undertaking to
                                    advance one or more of the
                                    interests under subclause (I).
              (4) Skilled workers and professionals.--
                      (A) In general.--Visas shall be made
                    available, in a number not to exceed 45,000 of
                    such worldwide level, plus any visas not
                    required for the classes specified in
                    paragraphs (1) through (3) to immigrants who
                    are described in subparagraph (B) or (C).
                      (B) Skilled workers.--An alien described in
                    this subparagraph is an immigrant who is
                    capable, at the time a petition is filed, of
                    performing skilled labor (requiring at least 2
                    years of training or experience), not of a
                    temporary or seasonal nature, for which
                    qualified workers are not available in the
                    United States, and who has a total of 4 years
                    of training or experience (or both) with
                    respect to such labor.
                      (C) Professionals.--
                              (i) In general.--An alien described
                            in this subparagraph is an immigrant
                            who holds a baccalaureate degree and is
                            a member of the professions and,
                            subject to clause (ii), has at least 2
                            years of experience in the profession
                            after the receipt of the degree.
                              (ii) Special rule for language
                            teachers.--An alien who is a teacher
                            and has (within the previous 5 years)
                            at least 2 years of experience teaching
                            a language (other than English) full-
                            time at an accredited elementary or
                            middle school may be classified and
                            admitted as a professional under this
                            subparagraph if the alien is seeking
                            admission to teach such language full-
                            time in an accredited elementary or
                            middle school.
                      (D) Labor certification required.--An
                    immigrant visa may not be issued to an
                    immigrant under this paragraph until the
                    consular officer is in receipt of a
                    determination made by the Secretary of Labor
                    pursuant to the provisions of section
                    212(a)(5)(A).
                      (E) Experience requirement.--Any period of
                    experience acquired as a nonimmigrant under
                    section 101(a)(15)(E), 101(a)(15)(H)(i), or
                    101(a)(15)(L) may be used to fulfill a
                    requirement for experience under this
                    paragraph.
              (5) Investors in job creation.--
                      (A) In general.--Visas shall be made
                    available, in a number not to exceed 10,000 of
                    such worldwide level less the reduction in visa
                    numbers under this paragraph required to be
                    effected under section 201(c)(5)(A) for the
                    fiscal year involved, to immigrants seeking to
                    enter the United States for the purpose of
                    engaging in a new commercial enterprise--
                              (i) which the alien has established,
                              (ii) in which the alien has invested
                            (after the date of the enactment of the
                            Immigration Act of 1990), or is
                            actively in the process of investing,
                            capital in an amount not less
                            $1,000,000, and
                              (iii) which will benefit the United
                            States economy and create full-time
                            employment for not fewer than 10 United
                            States citizens or aliens lawfully
                            admitted for permanent residence or
                            other immigrants lawfully authorized to
                            be employed in the United States (other
                            than the immigrant and the immigrant's
                            spouse, sons, or daughters).
                      (B) Pilot program.--For each of fiscal years
                    1997 and 1998, up to 2,000 visas otherwise made
                    available under this paragraph shall be made
                    available to immigrants who would be described
                    in subparagraph (A) if ``$500,000'' were
                    substituted for ``$1,000,000'' in subparagraph
                    (A)(ii) and if ``for not fewer than 5'' were
                    substituted for ``for not fewer than 10'' in
                    subparagraph (A)(iii). By not later than April
                    1, 1998, the Attorney General shall submit to
                    Congress a report on the operation of this
                    subparagraph and shall include in the report
                    information describing the immigrants admitted
                    under this paragraph and the enterprises they
                    invest in and a recommendation on whether the
                    pilot program under this subparagraph should be
                    continued or modified.
              (6) Certain special immigrants.--Visas shall be made
            available, in a number not to exceed 5,000 of such
            worldwide level, to qualified special immigrants
            described in section 101(a)(27) (other than those
            described in subparagraph (A) thereof), of which not
            more than 4,000 may be made available in any fiscal
            year to special immigrants described in subclause (II)
            or (III) of section 101(a)(27)(C)(ii).
              [(6)] (7) Special rules for ``k'' special
            immigrants.--
                      (A) Not counted against numerical limitation
                    in year involved.--Subject to subparagraph (B),
                    the number of immigrant visas made available to
                    special immigrants under section 101(a)(27)(K)
                    in a fiscal year shall not be subject to the
                    numerical limitations of this subsection or of
                    section 202(a).
                      (B) Counted against numerical limitations in
                    following year.--
                              (i) Reduction in employment-based
                            immigrant classifications.--The number
                            of visas made available in any fiscal
                            year under paragraphs (1), (2), [and
                            (3) shall each be reduced by \1/3\]
                            (3), and (4) shall each be reduced by
                            the same proportion, as the proportion
                            (of the visa numbers made available
                            under all such paragraphs) that were
                            made available under each respective
                            paragraph, of the number of visas made
                            available in the previous fiscal year
                            to special immigrants described in
                            section 101(a)(27)(K).
                              (ii) Reduction in per country
                            level.--The number of visas made
                            available in each fiscal year to
                            natives of a foreign state under
                            section 202(a) shall be reduced by the
                            number of visas made available in the
                            previous fiscal year to special
                            immigrants described in section
                            101(a)(27)(K) who are natives of the
                            foreign state.
                              (iii) Reduction in employment-based
                            immigrant classifications within per
                            country ceiling.--In the case of a
                            foreign state subject to section 202(e)
                            in a fiscal year (and in the previous
                            fiscal year), the number of visas made
                            available and allocated to each of
                            paragraphs (1) through [(3) of this
                            subsection in the fiscal year shall be
                            reduced by \1/3\] (4) in the fiscal
                            year reduced by the same proportion, as
                            the proportion (of the visa numbers
                            made available under all such
                            paragraphs to natives of the foreign
                            state) that were made available under
                            each respective paragraph to such
                            natives, of the number of visas made
                            available in the previous fiscal year
                            to special immigrants described in
                            section 101(a)(27)(K) who are natives
                            of the foreign state.
              (8) Not counting work experience as an unauthorized
            alien.--For purposes of this subsection, work
            experience obtained in employment in the United States
            with respect to which the alien was an unauthorized
            alien (as defined in section 274A(h)(3)) shall not be
            taken into account.
      (c) Diversity Immigrants.--
              (1) In general.--Except as provided in paragraph (2),
            aliens subject to the worldwide level specified in
            section 201(e) for diversity immigrants shall be
            allotted visas each fiscal year as follows:
                      (A) Determination of preference
                    immigration.--The Attorney General shall
                    determine for the most recent previous 5-
                    fiscal-year period for which data are
                    available, the total number of aliens who are
                    natives of each foreign state and who (i) were
                    admitted or otherwise provided lawful permanent
                    resident status (other than under this
                    subsection) and (ii) were subject to the
                    numerical limitations of section 201(a) (other
                    than paragraph (3) thereof) or who were
                    admitted or otherwise provided lawful permanent
                    resident status as an immediate relative or
                    other alien described in section 201(b)(2).
                      (B) Identification of high-admission and low-
                    admission regions and high-admission and low-
                    admission states.--The Attorney General--
                              (i) shall identify--
                                      (I) each region (each in this
                                    paragraph referred to as a
                                    ``high-admission region'') for
                                    which the total of the numbers
                                    determined under subparagraph
                                    (A) for states in the region is
                                    greater than \1/6\ of the total
                                    of all such numbers, and
                                      (II) each other region (each
                                    in this paragraph referred to
                                    as a ``low-admission region'');
                                    and
                              (ii) shall identify--
                                      (I) each foreign state for
                                    which the number determined
                                    under subparagraph (A) is
                                    greater than 50,000 (each such
                                    state in this paragraph
                                    referred to as a ``high-
                                    admission state''),
                                      (II) each other foreign state
                                    (each such state in this
                                    paragraph referred to as a
                                    ``low-admission state'')[.],
                                    and
                                      (III) within each region, the
                                    10 foreign states which had the
                                    highest number of registrants
                                    for the diversity immigrant
                                    program under this subsection
                                    for the period beginning
                                    October 1, 1994, and ending
                                    September 30, 1996, and which
                                    are not high-admission states.
                      (C) Determination of percentage of worldwide
                    immigration attributable to high-admission
                    regions.--The Attorney General shall determine
                    the percentage of the total of the numbers
                    determined under subparagraph (A) that are
                    numbers for foreign states in high-admission
                    regions.
                      (D) Determination of regional populations
                    excluding high-admission states and ratios of
                    populations of regions within low-admission
                    regions and high-admission regions.--The
                    Attorney General shall determine--
                              (i) based on available estimates for
                            each region, the total population of
                            each region not including the
                            population of any high-admission state;
                              (ii) for each low-admission region,
                            the ratio of the population of the
                            region determined under clause (i) to
                            the total of the populations determined
                            under such clause for all the low-
                            admission regions; and
                              (iii) for each high-admission region,
                            the ratio of the population of the
                            region determined under clause (i) to
                            the total of the populations determined
                            under such clause for all the high-
                            admission regions.
                      (E) Distribution of visas.--
                              (i) No visas for natives of high-
                            admission states.--The percentage of
                            visas made available under this
                            paragraph to natives of a high-
                            admission state is 0.
                              (ii) For low-admission states in low-
                            admission regions.--Subject to clauses
                            (iv) and (v), the percentage of visas
                            made available under this paragraph to
                            natives (other than natives of a high-
                            admission state) in a low-admission
                            region is the product of--
                                      (I) the percentage determined
                                    under subparagraph (C), and
                                      (II) the population ratio for
                                    that region determined under
                                    subparagraph (D)(ii).
                              (iii) For low-admission states in
                            high-admission regions.--Subject to
                            clauses (iv) and (v), the percentage of
                            visas made available under this
                            paragraph to natives (other than
                            natives of a high-admission state) in a
                            high-admission region is the product
                            of--
                                      (I) 100 percent minus the
                                    percentage determined under
                                    subparagraph (C), and
                                      (II) the population ratio for
                                    that region determined under
                                    subparagraph (D)(iii).
                              (iv) Redistribution of unused visa
                            numbers.--If the Secretary of State
                            estimates that the number of immigrant
                            visas to be issued to natives in any
                            region for a fiscal year under this
                            paragraph is less than the number of
                            immigrant visas made available to such
                            natives under this paragraph for the
                            fiscal year, subject to clause (v), the
                            excess visa numbers shall be made
                            available to natives (other than
                            natives of a high-admission state) of
                            the other regions in proportion to the
                            percentages otherwise specified in
                            clauses (ii) and (iii).
                              (v) Limitation on visas for natives
                            of a single foreign state.--The
                            percentage of visas made available
                            under this paragraph to natives of any
                            single foreign state for any fiscal
                            year shall not exceed 7 percent.
                              (vi) Ten states eligible in each
                            region.--Only natives of the 10 states
                            identified for each region in
                            subparagraph (B)(ii)(III) are eligible
                            for diversity visas.
                      (F) Region defined.--Only for purposes of
                    administering the diversity program under this
                    subsection, [Northern Ireland shall be treated
                    as a separate foreign state,] each colony or
                    other component or dependent area of a foreign
                    state overseas from the foreign state shall be
                    treated as part of the foreign state[,] and the
                    areas described in each of the following
                    clauses shall be considered to be a separate
                    region:
                              (i) Africa.
                              (ii) Asia.
                              (iii) Europe.
                              (iv) North America [(other than
                            Mexico)].
                              (v) Oceania.
                              (vi) South America, [Mexico,] Central
                            America, and the Caribbean.
              [(2) Requirement of education or work experience.--An
            alien is not eligible for a visa under this subsection
            unless the alien--
                      [(A) has at least a high school education or
                    its equivalent, or
                      [(B) has, within 5 years of the date of
                    application for a visa under this subsection,
                    at least 2 years of work experience in an
                    occupation which requires at least 2 years of
                    training or experience.]
              (2) Requirement of job offer and education or skilled
            worker.--An alien is not eligible for a visa under this
            subsection unless the alien--
                      (A) has a job offer in the United States
                    which has been verified;
                      (B) has at least a high school education or
                    its equivalent; and
                      (C) has at least 2 years of work experience
                    in an occupation which requires at least 2
                    years of training.
              (3) Maintenance of information.--The Secretary of
            State shall maintain information on the age,
            occupation, education level, and other relevant
            characteristics of immigrants issued visas under this
            subsection.
              (4) Fees.--Fees for the furnishing and verification
            of applications for visas under this subsection and for
            the issuance of visas under this subsection may be
            prescribed by the Secretary of State in such amounts as
            are adequate to compensate the Department of State for
            the costs of administering the diversity immigrant
            program. Any such fees collected may be deposited as an
            offsetting collection to the appropriate Department of
            State appropriation to recover the costs of such
            program and shall remain available for obligation until
            expended.
              (5) Ineligibility of aliens unlawfully present in the
            united states.--An alien who is unlawfully present in
            the United States at the time of filing of an
            application, within 5 years prior to the filing of such
            application, or at any time subsequent to the filing of
            the application is ineligible for a visa under this
            subsection.
      (d) Humanitarian Immigrants.--
              (1) In general.--Aliens subject to the worldwide
            humanitarian level specified in section 201(e) shall be
            allotted visas only if the aliens have been selected by
            the Attorney General under paragraph (2) as of special
            humanitarian concern to the United States.
              (2) Selection of immigrants.--
                      (A) In general.--The Attorney General shall,
                    on a case-by-case basis and based on
                    humanitarian concerns and the public interest,
                    select aliens for purposes of this subsection.
                      (B) Restriction.--The Attorney General may
                    not select an alien under this paragraph if the
                    alien is a refugee (within the meaning of
                    section 101(a)(42)) unless the Attorney General
                    determines that compelling reasons in the
                    public interest with respect to that particular
                    alien require that the alien be admitted into
                    the United States as a humanitarian immigrant
                    under this subsection rather than as a refugee
                    under section 207.
              (3) Annual report.--Not later than 90 days after the
            end of each fiscal year, the Attorney General shall
            submit to the Committees on the Judiciary of the House
            of Representatives and of the Senate a report
            describing the number of immigrant visas issued under
            this subsection and the individuals to whom the visas
            were issued.
      [(d)] (e) Treatment of Family Members.--A spouse or child as
    defined in subparagraph (A), (B), (C), (D), or (E) of section
    101(b)(1) shall, if not otherwise entitled to an immigrant
    status and the immediate issuance of a visa under subsection
    (a)(2), (b), or (c), be entitled to the same status, and the
    same order of consideration provided in the respective
    subsection, if accompanying or following to join, the spouse or
    parent.
      [(e)] (f) Order of Consideration.--(1) Immigrant visas made
    available under subsection (a) or (b) shall be issued to
    eligible immigrants in the order in which a petition in behalf
    of each such immigrant is filed with the Attorney General (or
    in the case of special immigrants under section 101(a)(27)(D),
    with the Secretary of State) as provided in section 204(a).
      (2) Immigrant visa numbers made available under subsection
    (c) (relating to diversity immigrants) shall be issued to
    eligible qualified immigrants strictly in a random order
    established by the Secretary of State for the fiscal year
    involved.
      (3) Immigrant visa numbers made available under subsection
    (d) (relating to humanitarian immigrants) shall be issued to
    eligible immigrants in an order specified by the Attorney
    General.
      [(3)] (4) Waiting lists of applicants for visas under this
    section shall be maintained in accordance with regulations
    prescribed by the Secretary of State.
      [(f)] (g) Authorization for Issuance.-- In the case of any
    alien claiming in his application for an immigrant visa to be
    described in section 201(b)(2) or in subsection (a), (b), or
    (c) of this section, the consular officer shall not grant such
    status until he has been authorized to do so as provided by
    section 204.
      [(g)] (h) Lists.--For purposes of carrying out the
    Secretary's responsibilities in the orderly administration of
    this section, the Secretary of State may make reasonable
    estimates of the anticipated numbers of visas to be issued
    during any quarter of any fiscal year within each of the
    categories under subsections (a), (b), and (c) and to rely upon
    such estimates in authorizing the issuance of visas. The
    Secretary of State shall terminate the registration of any
    alien who fails to apply for an immigrant visa within one year
    following notification to the alien of the availability of such
    visa, but the Secretary shall reinstate the registration of any
    such alien who establishes within 2 years following the date of
    notification of the availability of such visa that such failure
    to apply was due to circumstances beyond the alien's control.

                    procedure for granting immigrant status

      Sec. 204. (a)(1)(A)(i) Any citizen of the United States
    claiming that an alien is entitled to classification by reason
    of a relationship described in [paragraph (1), (3), or (4)]
    paragraph (2) or (3) of section 203(a) or [to an immediate
    relative status] to status as the spouse or child of a citizen
    of the United States under section 201(b)(2)(A)(i) may file a
    petition with the Attorney General for such classification.
      (ii) An alien spouse described in the second sentence of
    section 201(b)(2)(A)(i) also may file a petition with the
    Attorney General under this subparagraph for classification of
    the alien (and the alien's children) under such section.
        (iii) An alien who is the spouse of a citizen of the United
    States, who is a person of good moral character, who is
    eligible to be classified [as an immediate relative] as the
    spouse of a citizen of the United States under section
    201(b)(2)(A)(i), and who has resided in the United States with
    the alien's spouse may file a petition with the Attorney
    General under this subparagraph for classification of the alien
    (and any child of the alien if such a child has not been
    classified under clause (iv)) under such section if the alien
    demonstrates to the Attorney General that--
              (I) the alien is residing in the United States, the
            marriage between the alien and the spouse was entered
            into in good faith by the alien, and during the
            marriage the alien or a child of the alien has been
            battered by or has been the subject of extreme cruelty
            perpetrated by the alien's spouse; and
              (II) the alien is a person whose [deportation]
            removal, in the opinion of the Attorney General, would
            result in extreme hardship to the alien or a child of
            the alien.
      (iv) An alien who is the child of a citizen of the United
    States, who is a person of good moral character, who is
    eligible to be classified [as an immediate relative] as a child
    of a citizen of the United States under section
    201(b)(2)(A)(i), and who has resided in the United States with
    the citizen parent may file a petition with the Attorney
    General under this subparagraph for classification of the alien
    under such section if the alien demonstrates to the Attorney
    General that--
              (I) the alien is residing in the United States and
            during the period of residence with the citizen parent
            the alien has been battered by or has been the subject
            of extreme cruelty perpetrated by the alien's citizen
            parent; and
              (II) the alien is a person whose [deportation]
            removal, in the opinion of the Attorney General, would
            result in extreme hardship to the alien.
      (B)(i) Any alien lawfully admitted for permanent residence
    claiming that an alien is entitled to a classification by
    reason of the relationship described in [section 203(a)(2)]
    paragraph (1) or (3) of section 203(a)(1) may file a petition
    with the Attorney General for such classification.
      (ii) An alien who is the spouse of an alien lawfully admitted
    for permanent residence, who is a person of good moral
    character, who is eligible for classification under section
    [203(a)(2)(A)] 203(a)(1), and who has resided in the United
    States with the alien's legal permanent resident spouse may
    file a petition with the Attorney General under this
    subparagraph for classification of the alien (and any child of
    the alien if such a child has not been classified under clause
    (iii)) under such section if the alien demonstrates to the
    Attorney General that the conditions described in subclauses
    (I) and (II) of subparagraph (A)(iii) are met with respect to
    the alien.
      (iii) An alien who is the child of an alien lawfully admitted
    for permanent residence, who is a person of good moral
    character, who is eligible for classification under section
    [203(a)(2)(A)] 203(a)(1), and who has resided in the United
    States with the alien's permanent resident alien parent may
    file a petition with the Attorney General under this
    subparagraph for classification of the alien under such section
    if the alien demonstrates to the Attorney General that--
              (I) the alien is residing in the United States and
            during the period of residence with the permanent
            resident parent the alien has been battered by or has
            been the subject of extreme cruelty perpetrated by the
            alien's permanent resident parent; and
              (II) the alien is a person whose [deportation]
            removal, in the opinion of the Attorney General, would
            result in extreme hardship to the alien.
      (C) Any alien desiring to be classified under section
    [203(b)(1)(A)] 203(b)(1), or any person on behalf of such an
    alien, may file a petition with the Attorney General for such
    classification.
      (D) Any employer desiring and intending to employ within the
    United States an alien entitled to classification under
    [section 203(b)(1)(B), 203(b)(1)(C), 203(b)(2), or 203(b)(3)]
    section 203(b)(2), 203(b)(3), or 203(b)(4) may file a petition
    with the Attorney General for such classification.
      [(F)] (E) Any alien desiring to be classified under section
    [203(b)(5)] 203(b)(4) may file a petition with the Attorney
    General for such classification.
      [(E)] (F)(i) Any alien (other than a special immigrant under
    section 101(a)(27)(D)) desiring to be classified under section
    [203(b)(4)] 203(b)(6), or any person on behalf of such an
    alien, may file a petition with the Attorney General for such
    classification.
      (ii) Aliens claiming status as a special immigrant under
    section 101(a)(27)(D) may file a petition only with the
    Secretary of State and only after notification by the Secretary
    that such status has been recommended and approved pursuant to
    such section.
      (G)(i) Any alien desiring to be provided an immigrant visa
    under section 203(c) may file a petition at the place and time
    determined by the Secretary of State by regulation. Only one
    such petition may be filed by an alien with respect to any
    petitioning period established. If more than one petition is
    submitted all such petitions submitted for such period by the
    alien shall be voided.
      (ii)(I) The Secretary of State shall designate a period for
    the filing of petitions with respect to visas which may be
    issued under section 203(c) for the fiscal year beginning after
    the end of the period.
      (II) Aliens who qualify, through random selection, for a visa
    under section 203(c) shall remain eligible to receive such visa
    only through the end of the specific fiscal year for which they
    were selected.
      (III) The Secretary of State shall prescribe such regulations
    as may be necessary to carry out this clause.
      (iii) A petition under this subparagraph shall be in such
    form as the Secretary of State may by regulation prescribe and
    shall contain such information and be supported by such
    documentary evidence as the Secretary of State may require.
      (H) In acting on petitions filed under clause (iii) or (iv)
    of subparagraph (A) or clause (ii) or (iii) of subparagraph
    (B), the Attorney General shall consider any credible evidence
    relevant to the petition. The determination of what evidence is
    credible and the weight to be given that evidence shall be
    within the sole discretion of the Attorney General.
      (I) Any alien desiring to be provided an immigrant visa under
    section 203(d) may file a petition with the Attorney General
    for such classification, but only if the Attorney General has
    identified the alien as possibly qualifying for such a visa.
      (2)(A) The Attorney General may not approve a spousal second
    preference petition for the classification of the spouse of an
    alien if the alien, by virtue of a prior marriage, has been
    accorded the status of an alien lawfully admitted for permanent
    residence as the spouse of a citizen of the United States or as
    the spouse of an alien lawfully admitted for permanent
    residence, unless--
              (i) a period of 5 years has elapsed after the date
            the alien acquired the status of an alien lawfully
            admitted for permanent residence, or
              (ii) the alien establishes to the satisfaction of the
            Attorney General by clear and convincing evidence that
            the prior marriage (on the basis of which the alien
            obtained the status of an alien lawfully admitted for
            permanent residence) was not entered into for the
            purpose of evading any provision of the immigration
            laws.
    In this subparagraph, the term ``spousal second preference
    petition'' refers to a petition, seeking preference status
    under section 203(a)(2), for an alien as a spouse of an alien
    lawfully admitted for permanent residence.
      (B) Subparagraph (A) shall not apply to a petition filed for
    the classification of the spouse of an alien if the prior
    marriage of the alien was terminated by the death of his or her
    spouse.
      (b)(1) After an investigation of the facts in each case, and
    after consultation with the Secretary of Labor with respect to
    petitions to accord a status under section 203(b)(2) or
    203(b)(3), the Attorney General shall, if he determines that
    the facts stated in the petition are true and that the alien in
    behalf of whom the petition is made is [an immediate relative
    specified in section 201(b)] a spouse or child of a citizen of
    the United States under section 201(b) or is eligible for
    preference under subsection (a) or (b) of section 203, approve
    the petition and forward one copy thereof to the Department of
    State. The Secretary of State shall then authorize the consular
    officer concerned to grant the preference status.
      (2)(A) The Attorney General may provide that a petition
    approved with respect to an alien (and the priority date
    established with respect to the petition) shall expire after a
    period (specified by the Attorney General and of not less than
    2 years) following the date of approval of the petition, unless
    the petitioner files with the Attorney General a form described
    in subparagraph (B).
      (B) The Attorney General shall specify the form to be used
    under this paragraph. Such form shall be designed--
              (i) to reconfirm the continued intention of the
            petitioner to seek admission of the alien based on the
            classification involved, and
              (ii) as may be provided by the Attorney General, to
            update the contents of the original classification
            petition.
      (C) The Attorney General may apply subparagraph (A) to one or
    more classes of classification petitions and for different
    periods of time for different classes of such petitions, as
    specified by the Attorney General.
      (c) Notwithstanding the provisions of subsection (b) no
    petition shall be approved if (1) the alien has previously been
    accorded, or has sought to be accorded, [an immediate relative
    or preference] a preferential status as the spouse of a citizen
    of the United States or the spouse of an alien lawfully
    admitted for permanent residence, by reason of a marriage
    determined by the Attorney General to have been entered into
    for the purpose of evading the immigration laws or (2) the
    Attorney General has determined that the alien has attempted or
    conspired to enter into a marriage for the purpose of evading
    the immigration laws.
      (d) Notwithstanding the provisions of subsections (a) and (b)
    no petition may be approved on behalf of a child defined in
    section 101(b)(1)(F) unless a valid home-study has been
    favorably recommended by an agency of the State of the child's
    proposed residence, or by an agency authorized by that State to
    conduct such a study, or, in the case of a child adopted
    abroad, by an appropriate public or private adoption agency
    which is licensed in the United States.
      (e) Nothing in this section shall be construed to entitle an
    immigrant, in behalf of whom a petition under this section is
    approved, to enter the United States as an immigrant under
    subsection (a), (b), or (c) of section 203 or as [an immediate
    relative] a spouse or child of a citizen of the United States
    under section 201(b) if upon [his] the alien's arrival at a
    port of [entry] admission in the United States [he] the alien
    is found not to be entitled to such classification.
      (f)(1) Any alien claiming to be an alien described in
    paragraph (2)(A) of this subsection (or any person on behalf of
    such an alien) may file a petition with the Attorney General
    for classification under section 201(b)[, 203(a)(1), or
    203(a)(3)] or 203(a)(2), as appropriate. After an investigation
    of the facts of each case the Attorney General shall, if the
    conditions described in paragraph (2) are met, approve the
    petition and forward one copy to the Secretary of State.
              * * * * * * *
      (g) Notwithstanding subsection (a), except as provided in
    section 245(e)(3), a petition may not be approved to grant an
    alien [immediate relative status] status as a spouse or child
    of a citizen of the United States or other or preference status
    by reason of a marriage which was entered into during the
    period described in section 245(e)(2), until the alien has
    resided outside the United States for a 2-year period beginning
    after the date of the marriage.
              * * * * * * *
      (i) For purposes of applying section 101(b)(1) in the case of
    issuance of an immigrant visa to, or admission or adjustment of
    status of, an alien under section 201(b)(2)(A), section
    203(a)(1), or 203(e) as a child of a citizen of the United
    States or a permanent resident alien, the age of the alien
    shall be determined as of the date of the filing of the
    classification petition under section 204(a)(1) as such a child
    of a citizen of the United States or a permanent resident
    alien.

                      revocation of approval of petitions

      Sec. 205. The Attorney General may, at any time, for what he
    deems to be good and sufficient cause, revoke the approval of
    any petition approved by him under section 204. Such revocation
    shall be effective as of the date of approval of any such
    petition. In no case, however, shall such revocation have
    effect unless there is mailed to the petitioner's last known
    address a notice of the revocation and unless notice of the
    revocation is communicated through the Secretary of State to
    the beneficiary of the petition before such beneficiary
    commences his journey to the United States. If notice of
    revocation is not so given, and the beneficiary applies for
    admission to the United States, his admissibility shall be
    determined in the manner provided for by sections 235 and [236]
    240.

                             unused immigrant visas

      Sec. 206. If an immigrant having an immigrant visa is
    [excluded from admission to the United States and deported]
    denied admission to the United States and removed, or does not
    apply for admission before the expiration of the validity of
    his visa, or if an alien having an immigrant visa issued to him
    as a preference immigrant is found not to be a preference
    immigrant, an immigrant visa or a preference immigrant visa, as
    the case may be, may be issued in lieu thereof to another
    qualified alien.

       annual admission of refugees and admission of emergency situation
                                    refugees

      Sec. 207. (a)[(1) Except as provided in subsection (b), the
    number of refugees who may be admitted under this section in
    fiscal year 1980, 1981, or 1982, may not exceed fifty thousand
    unless the President determines, before the beginning of the
    fiscal year and after appropriate consultation (as defined in
    subsection (e)), that admission of a specific number of
    refugees in excess of such number is justified by humanitarian
    concerns or is otherwise in the national interest.]
      (1) Except as provided in paragraph (2) and subsection (b),
    the number of refugees who may be admitted under this section
    in any fiscal year shall be such number as the President
    determines, before the beginning of the fiscal year and after
    appropriate consultation, is justified by humanitarian concerns
    or is otherwise in the national interest.
      [(2) Except as provided in subsection (b), the number of
    refugees who may be admitted under this section in any fiscal
    year after fiscal year 1982 shall be such number as the
    President determines, before the beginning of the fiscal year
    and after appropriate consultation, is justified by
    humanitarian concerns or is otherwise in the national
    interest.]
      (2)(A) Except as provided in subparagraph (B), the number
    determined under paragraph (1) for a fiscal year may not
    exceed--
              (i) 75,000 in the case of fiscal year 1997, or
              (ii) 50,000 in the case of any succeeding fiscal
            year.
      (B) The number determined under paragraph (1) for a fiscal
    year may exceed the limit specified under subparagraph (A) if
    Congress enacts a law providing for a higher number.
      (3) Admissions under this subsection shall be allocated among
    refugees of special humanitarian concern to the United States
    in accordance with a determination made by the President after
    appropriate consultation.
      [(4) In the determination made under this subsection for each
    fiscal year (beginning with fiscal year 1992), the President
    shall enumerate, with the respective number of refugees so
    determined, the number of aliens who were granted asylum in the
    previous year.]
      (4) For any fiscal year, not more than a total of 1,000
    refugees may be admitted under this subsection or granted
    asylum under section 208 pursuant to a determination under the
    last sentence of section 101(a)(42) (relating to persecution
    for resistance to coercive population control methods).
      (b) If the President determines, after appropriate
    consultation, that (1) an [unforeseen] emergency refugee
    situation exists, (2) the admission of certain refugees in
    response to the emergency refugee situation is justified by
    grave humanitarian concerns or is otherwise in the national
    interest, and (3) the admission to the United States of these
    refugees cannot be accomplished under subsection (a), the
    President may fix a number of refugees to be admitted to the
    United States during the succeeding period (not to exceed
    twelve months) in response to the emergency refugee situation
    and such admissions shall be allocated among refugees of
    special humanitarian concern to the United States in accordance
    with a determination made by the President after the
    appropriate consultation provided under this subsection.
              * * * * * * *
      (d)(1) [Before the start of each fiscal year] Before June 1
    of the preceding fiscal year the President shall report to the
    Committee on the Judiciary of the House of Representatives and
    of the Senate regarding the foreseeable number of refugees who
    will be in need of resettlement during the fiscal year and the
    anticipated allocation of refugee admissions during the fiscal
    year. The President shall provide for periodic discussions
    between designated representatives of the President and members
    of such committees regarding changes in the worldwide refugee
    situation, the progress of refugee admissions, and the possible
    need for adjustments in the allocation of admissions among
    refugees.
      (2) As soon as possible after representatives of the
    President initiate appropriate consultation with respect to the
    number of refugee admissions under subsection (a) or with
    respect to the admission of refugees in response to an
    emergency refugee situation under subsection (b), the
    Committees on the Judiciary of the House of Representatives and
    of the Senate shall cause to have printed in the Congressional
    Record the substance of such consultation.
      (3)(A) After the President initiates appropriate consultation
    prior to making a determination under subsection (a), a hearing
    to review the proposed determination shall be held unless
    public disclosure of the details of the proposal would
    jeopardize the lives or safety of individuals.
      (B) After the President initiates appropriate consultation
    prior to making a determination, under subsection (b), that the
    number of refugee admissions should be increased because of an
    [unforeseen] emergency refugee situation, to the extent that
    time and the nature of the emergency refugee situation permit,
    a hearing to review the proposal to increase refugee admissions
    shall be held unless public disclosure of the details of the
    proposal would jeopardize the lives or safety of individuals.
      (e) For purposes of this section, the term ``appropriate
    consultation'' means, with respect to the admission of refugees
    and allocation of refugee admissions, discussions in person by
    designated Cabinet-level representatives of the President with
    members of the Committees on the Judiciary of the Senate and of
    the House of Representatives to review the refugee situation or
    emergency refugee situation, to project the extent of possible
    participation of the United States therein, to discuss the
    reasons for believing that the proposed admission of refugees
    is justified by humanitarian concerns or grave humanitarian
    concerns or is otherwise in the national interest, and to
    provide such members with the following information:
              (1) A description of the nature of the refugee
            situation.
              (2) A description of the number and allocation of the
            refugees to be admitted and an analysis of conditions
            within the countries from which they came.
              (3) A description of the proposed plans for their
            movement and resettlement and the estimated cost of
            their movement and resettlement.
              (4) An analysis of the anticipated social, economic,
            and demographic impact of their admission to the United
            States.
              (5) A description of the extent to which other
            countries will admit and assist in the resettlement of
            such refugees.
              (6) An analysis of the impact of the participation of
            the United States in the resettlement of such refugees
            on the foreign policy interests of the United States.
              (7) Such additional information as may be appropriate
            or requested by such members.
        To the extent possible, information described in this
    subsection shall be provided at least two weeks in advance of
    discussions in person by designated representatives of the
    President with such members. Such discussions shall occur
    before July 1 of the fiscal year preceding the fiscal year of
    admissions, except that discussions relating to an emergency
    refugee situation shall occur not more than 30 days after the
    President proposes admissions in response to the emergency.

                               [asylum procedure

      [Sec. 208. (a) The Attorney General shall establish a
    procedure for an alien physically present in the United States
    or at a land border or port of entry, irrespective of such
    alien's status, to apply for asylum, and the alien may be
    granted asylum in the discretion of the Attorney General if the
    Attorney General determines that such alien is a refugee within
    the meaning of section 101(a)(42)(A).
      [(b) Asylum granted under subsection (a) may be terminated if
    the Attorney General, pursuant to such regulations as the
    Attorney General may prescribe, determines that the alien is no
    longer a refugee within the meaning of section 101(a)(42)(A)
    owing to a change in circumstances in the alien's country of
    nationality or, in the case of an alien having no nationality,
    in the country in which the alien last habitually resided.
      [(c) A spouse or child (as defined in section 101(b)(1) (A),
    (B), (C), (D), or (E)) of an alien who is granted asylum under
    subsection (a) may, if not otherwise eligible for asylum under
    such subsection, be granted the same status as the alien if
    accompanying, or following to join, such alien.
      [(d) An alien who has been convicted of an aggravated felony,
    notwithstanding subsection (a), may not apply for or be granted
    asylum.
        [(e) An applicant for asylum is not entitled to employment
    authorization except as may be provided by regulation in the
    discretion of the Attorney General.]

                                     asylum

      Sec. 208. (a) Authority to Apply for Asylum.--
              (1) In general.--Any alien who is physically present
            in the United States or who arrives in the United
            States (whether or not at a designated port of
            arrival), irrespective of such alien's status, may
            apply for asylum in accordance with this section.
              (2) Exceptions.--
                      (A) Safe third country.--Paragraph (1) shall
                    not apply to an alien if the Attorney General
                    determines that the alien may be removed,
                    including pursuant to a bilateral or
                    multilateral agreement, to a country (other
                    than the country of the alien's nationality or,
                    in the case of an alien having no nationality,
                    the country of the alien's last habitual
                    residence) in which the alien's life or freedom
                    would not be threatened on account of race,
                    religion, nationality, membership in a
                    particular social group, or political opinion,
                    and where the alien would have access to a full
                    and fair procedure for determining a claim to
                    asylum or equivalent temporary protection,
                    unless the Attorney General finds that it is in
                    the public interest for the alien to receive
                    asylum in the United States.
                      (B) Time limit.--Paragraph (1) shall not
                    apply to an alien unless the alien demonstrates
                    by clear and convincing evidence that the
                    application has been filed within 30 days after
                    the alien's arrival in the United States.
                      (C) Previous asylum applications.--Paragraph
                    (1) shall not apply to an alien if the alien
                    has previously applied for asylum and had such
                    application denied.
                      (D) Changed conditions.--An application for
                    asylum of an alien may be considered,
                    notwithstanding subparagraphs (B) and (C), if
                    the alien demonstrates to the satisfaction of
                    the Attorney General the existence of
                    fundamentally changed circumstances which
                    affect the applicant's eligibility for asylum.
              (3) Limitation on judicial review.--No court shall
            have jurisdiction to review a determination of the
            Attorney General under paragraph (2).
      (b) Conditions for Granting Asylum.--
              (1) In general.--The Attorney General may grant
            asylum to an alien who has applied for asylum in
            accordance with the requirements and procedures
            established by the Attorney General under this section
            if the Attorney General determines that such alien is a
            refugee within the meaning of section 101(a)(42)(A).
              (2) Exceptions.--
                      (A) In general.--Paragraph (1) shall not
                    apply to an alien if the Attorney General
                    determines that--
                              (i) the alien ordered, incited,
                            assisted, or otherwise participated in
                            the persecution of any person on
                            account of race, religion, nationality,
                            membership in a particular social
                            group, or political opinion;
                              (ii) the alien, having been convicted
                            by a final judgment of a particularly
                            serious crime, constitutes a danger to
                            the community of the United States;
                              (iii) there are serious reasons for
                            believing that the alien has committed
                            a serious nonpolitical crime outside
                            the United States prior to the arrival
                            of the alien in the United States;
                              (iv) there are reasonable grounds for
                            regarding the alien as a danger to the
                            security of the United States;
                              (v) the alien is inadmissible under
                            subclause (I), (II), (III), or (IV) of
                            section 212(a)(3)(B)(i) or removable
                            under section 237(a)(4)(B) (relating to
                            terrorist activity), unless, in the
                            case only of an alien inadmissible
                            under subclause (IV) of section
                            212(a)(3)(B)(i), the Attorney General
                            determines, in the Attorney General's
                            discretion, that there are not
                            reasonable grounds for regarding the
                            alien as a danger to the security of
                            the United States; or
                              (vi) the alien was firmly resettled
                            in another country prior to arriving in
                            the United States.
                      (B) Special rules.--
                              (i) Conviction of aggravated
                            felony.--For purposes of clause (ii) of
                            subparagraph (A), an alien who has been
                            convicted of an aggravated felony shall
                            be considered to have been convicted of
                            a particularly serious crime.
                              (ii) Offenses.--The Attorney General
                            may designate by regulation offenses
                            that will be considered to be a crime
                            described in clause (ii) or (iii) of
                            subparagraph (A).
                      (C) Additional limitations.--The Attorney
                    General may by regulation establish additional
                    limitations and conditions under which an alien
                    shall be ineligible for asylum under paragraph
                    (1).
                      (D) No judicial review.--There shall be no
                    judicial review of a determination of the
                    Attorney General under subparagraph (A)(v).
              (3) Treatment of spouse and children.--A spouse or
            child (as defined in section 101(b)(1)(A), (B), (C),
            (D), or (E)) of an alien who is granted asylum under
            this subsection may, if not otherwise eligible for
            asylum under this section, be granted the same status
            as the alien if accompanying, or following to join,
            such alien.
      (c) Asylum Status.--
              (1) In general.--In the case of an alien granted
            asylum under subsection (b), the Attorney General--
                      (A) shall not remove or return the alien to
                    the alien's country of nationality or, in the
                    case of a person having no nationality, the
                    country of the alien's last habitual residence;
                      (B) shall authorize the alien to engage in
                    employment in the United States and provide the
                    alien with appropriate endorsement of that
                    authorization; and
                      (C) may allow the alien to travel abroad with
                    the prior consent of the Attorney General.
              (2) Termination of asylum.--Asylum granted under
            subsection (b) does not convey a right to remain
            permanently in the United States, and may be terminated
            if the Attorney General determines that--
                      (A) the alien no longer meets the conditions
                    described in subsection (b)(1) owing to a
                    fundamental change in circumstances;
                      (B) the alien meets a condition described in
                    subsection (b)(2);
                      (C) the alien may be removed, including
                    pursuant to a bilateral or multilateral
                    agreement, to a country (other than the country
                    of the alien's nationality or, in the case of
                    an alien having no nationality, the country of
                    the alien's last habitual residence) in which
                    the alien cannot establish that it is more
                    likely than not that the alien's life or
                    freedom would be threatened on account of race,
                    religion, nationality, membership in a
                    particular social group, or political opinion,
                    and where the alien is eligible to receive
                    asylum or equivalent temporary protection;
                      (D) the alien has voluntarily availed himself
                    or herself of the protection of the alien's
                    country of nationality or, in the case of an
                    alien having no nationality, the alien's
                    country of last habitual residence, by
                    returning to such country with permanent
                    resident status or the reasonable possibility
                    of obtaining such status with the same rights
                    and obligations pertaining to other permanent
                    residents of that country; or
                      (E) the alien has acquired a new nationality
                    and enjoys the protection of the country of his
                    new nationality.
              (3) Removal when asylum is terminated.--An alien
            described in paragraph (2) is subject to any applicable
            grounds of inadmissibility or deportability under
            section 212(a) and 237(a), and the alien's removal or
            return shall be directed by the Attorney General in
            accordance with sections 240 and 241.
              (4) Limitation on judicial review.--No court shall
            have jurisdiction to review a determination of the
            Attorney General under paragraph (2).
      (d) Asylum Procedure.--
              (1) Applications.--The Attorney General shall
            establish a procedure for the consideration of asylum
            applications filed under subsection (a). An application
            for asylum shall not be considered unless the alien
            submits fingerprints and a photograph in a manner to be
            determined by regulation by the Attorney General.
              (2) Employment.--An applicant for asylum is not
            entitled to employment authorization, but such
            authorization may be provided under regulation by the
            Attorney General. An applicant who is not otherwise
            eligible for employment authorization shall not be
            granted such authorization prior to 180 days after the
            date of filing of the application for asylum.
              (3) Fees.--The Attorney General may impose fees for
            the consideration of an application for asylum, for
            employment authorization under this section, and for
            adjustment of status under section 209(b). The Attorney
            General may provide for the assessment and payment of
            such fees over a period of time or by installments.
            Nothing in this paragraph shall be construed to require
            the Attorney General to charge fees for adjudication
            services provided to asylum applicants, or to limit the
            authority of the Attorney General to set adjudication
            and naturalization fees in accordance with section
            286(m).
              (4) Notice of privilege of counsel and consequences
            of frivolous application.--At the time of filing an
            application for asylum, the Attorney General shall--
                      (A) advise the alien of the privilege of
                    being represented by counsel and of the
                    consequences, under paragraph (6), of knowingly
                    filing a frivolous application for asylum; and
                      (B) provide the alien a list of persons
                    (updated not less often than quarterly) who
                    have indicated their availability to represent
                    aliens in asylum proceedings on a pro bono
                    basis.
              (5) Consideration of asylum applications.--
                      (A) Procedures.--The procedure established
                    under paragraph (1) shall provide that--
                              (i) asylum cannot be granted until
                            the identity of the applicant has been
                            checked against all appropriate records
                            or databases maintained by the Attorney
                            General and by the Secretary of State,
                            including the Automated Visa Lookout
                            System, to determine any grounds on
                            which the alien may be inadmissible to
                            or deportable from the United States,
                            or ineligible to apply for or be
                            granted asylum;
                              (ii) in the absence of exceptional
                            circumstances, the initial interview or
                            hearing on the asylum application shall
                            commence not later than 45 days after
                            the date an application is filed;
                              (iii) in the absence of exceptional
                            circumstances, final administrative
                            adjudication of the asylum application,
                            not including administrative appeal,
                            shall be completed within 180 days
                            after the date an application is filed;
                              (iv) any administrative appeal shall
                            be filed within 30 days of a decision
                            granting or denying asylum, or within
                            30 days of the completion of removal
                            proceedings before an immigration judge
                            under section 240, whichever is later;
                            and
                              (v) in the case of an applicant for
                            asylum who fails without prior
                            authorization or in the absence of
                            exceptional circumstances to appear for
                            an interview or hearing, including a
                            hearing under section 240, the
                            application may be dismissed or the
                            applicant may be otherwise sanctioned
                            for such failure.
                      (B) Additional regulatory conditions.--The
                    Attorney General may provide by regulation for
                    any other conditions or limitations on the
                    consideration of an application for asylum not
                    inconsistent with this Act.
              (6) Frivolous applications.--
                      (A) In general.--If the Attorney General
                    determines that an alien has knowingly made a
                    frivolous application for asylum and the alien
                    has received the notice under paragraph (4)(A),
                    the alien shall be permanently ineligible for
                    any benefits under this Act, effective as of
                    the date of a final determination on such
                    application.
                      (B) Material misrepresentations.--An
                    application shall be considered to be frivolous
                    if the Attorney General determines that the
                    application contains a willful
                    misrepresentation or concealment of a material
                    fact.
              (7) No private right of action.--Nothing in this
            subsection shall be construed to create any substantive
            or procedural right or benefit that is legally
            enforceable by any party against the United States or
            its agencies or officers or any other person.

                        adjustment of status of refugees

      Sec. 209. (a)(1) Any alien who has been admitted to the
    United States under section 207--
              (A) whose admission has not been terminated by the
            Attorney General pursuant to such regulations as the
            Attorney General may prescribe,
              (B) who has been physically present in the United
            States for at least one year, and
              (C) who has not acquired permanent resident status,
    shall, at the end of such year period, return or be returned to
    the custody of the Service for inspection and examination for
    admission to the United States as an immigrant in accordance
    with the provisions of sections 235, [236] 240, and [237] 241.
      (2) Any alien who is found upon inspection and examination by
    an immigration officer pursuant to paragraph (1) or after a
    hearing before [a special inquiry officer] an immigration judge
    to be admissible (except as otherwise provided under subsection
    (c)) as an immigrant under this Act at the time of the alien's
    inspection and examination shall, notwithstanding any numerical
    limitation specified in this Act, be regarded as lawfully
    admitted to the United States for permanent residence as of the
    date of such alien's arrival into the United States.
      (b) [Not more than 10,000 of the refugee admissions
    authorized under section 207(a) in any fiscal year may be made
    available by the Attorney General, in the Attorney General's
    discretion and under such regulations as the Attorney General
    may prescribe, to adjust] The Attorney General, in the Attorney
    General's discretion and under such regulations as the Attorney
    General may prescribe, and in a number not to exceed 10,000
    aliens in any fiscal year, may adjust to the status of an alien
    lawfully admitted for permanent residence the status of any
    alien granted asylum who--
              (1) applies for such adjustment,
              (2) has been physically present in the United States
            for at least one year after being granted asylum,
              (3) continues to be a refugee within the meaning of
            section 101(a)(42)(A) or a spouse or child of such a
            refugee,
              (4) is not firmly resettled in any foreign country,
            and
              (5) is admissible (except as otherwise provided under
            subsection (c)) as an immigrant under this Act at the
            time of examination for adjustment of such alien.
    Upon approval of an application under this subsection, the
    Attorney General shall establish a record of the alien's
    admission for lawful permanent residence as of the date one
    year before the date of the approval of the application.
      (c) The provisions of paragraphs (4), (5), and (7)(A) of
    section 212(a) shall not be applicable to any alien seeking
    adjustment of status under this section, and the Attorney
    General may waive any other provision of such section (other
    than paragraph (2)(C) or subparagraph (A), (B), (C), or (E) of
    paragraph (3)) with respect to such an alien for humanitarian
    purposes, to assure family unity, or when it is otherwise in
    the public interest.

                          special agricultural workers

      Sec. 210. (a)  * * *
      (b) Applications for Adjustment of Status.--
              (1)  * * *
              * * * * * * *
              (5) Limitation on access to information.--Files and
            records prepared for purposes of this section by
            designated entities operating under this section are
            confidential and the Attorney General and the Service
            shall not have access to such files or records relating
            to an alien without the consent of the alien, except as
            permitted under paragraph (6)(B).
              (6) Confidentiality of information.--[Neither] (A)
            Except as provided in subparagraph (B), neither the
            Attorney General, nor any other official or employee of
            the Department of Justice, or bureau or agency thereof,
            may--
                      [(A)] (i) use the information furnished
                    pursuant to an application filed under this
                    section for any purpose other than to make a
                    determination on the application including a
                    determination under subparagraph (a)(3)(B), or
                    for enforcement of paragraph (7)[.],
                      [(B)] (ii) make any publication whereby the
                    information furnished by any particular
                    individual can be identified, or
                      [(C)] (iii) permit anyone other than the
                    sworn officers and employees of the Department
                    or bureau or agency or, with respect to
                    applications filed with a designated entity,
                    that designated entity, to examine individual
                    applications.
              (B) The Attorney General may authorize an application
            to a Federal court of competent jurisdiction for, and a
            judge of such court may grant, an order authorizing
            disclosure of information contained in the application
            of the alien to be used--
                      (i) for identification of the alien when
                    there is reason to believe that the alien has
                    been killed or severely incapacitated, or
                      (ii) for criminal law enforcement purposes
                    against the alien whose application is to be
                    disclosed if the alleged criminal activity
                    occurred after the special agricultural worker
                    application was filed and such activity
                    involves terrorist activity or poses either an
                    immediate risk to life or to national security,
                    or would be prosecutable as an aggravated
                    felony, but without regard to the length of
                    sentence that could be imposed on the
                    applicant.
            [Anyone]
              (C) Anyone who uses, publishes, or permits
            information to be examined in violation of this
            paragraph shall be fined in accordance with title 18,
            United States Code, or imprisoned not more than five
            years, or both.
              (D) Nothing in this paragraph shall preclude the
            release for immigration enforcement purposes of the
            following information contained in files or records of
            the Service pertaining to the application:
                      (i) The immigration status of the applicant
                    on any given date after the date of filing the
                    application (including whether the applicant
                    was authorized to work).
                      (ii) The date of the applicant's adjustment
                    (if any) to the status of an alien lawfully
                    admitted for permanent residence.
                      (iii) Information concerning whether the
                    applicant has been convicted of a crime
                    occurring after the date of filing the
                    application.
                      (iv) The date or disposition of the
                    application.
              * * * * * * *
      (e) Administrative and Judicial Review.--
              (1)  * * *
              * * * * * * *
              (3) Judicial review.--
                      (A) Limitation to review of exclusion or
                    deportation.--There shall be judicial review of
                    such a denial only in the judicial review of an
                    order of exclusion or deportation under section
                    106 (as in effect before October 1, 1996).
              * * * * * * *

      general classes of aliens ineligible to receive visas and [excluded
           from] ineligible for admission; waivers of inadmissibility

        Sec. 212. (a) [Classes of Excludable Aliens.--Except as
    otherwise provided in this Act, the following describes classes
    of excludable aliens who are ineligible to receive visas and
    who shall be excluded from admission into the United States:]
    Classes of Aliens Ineligible for Visas or Admission.--Except as
    otherwise provided in this Act, aliens who are inadmissible
    under the following paragraphs are ineligible to receive visas
    and ineligible to be admitted to the United States:
              (1) Health-related grounds.--
                      (A) In general.--Any alien--
                              (i) who is determined (in accordance
                            with regulations prescribed by the
                            Secretary of Health and Human Services)
                            to have a communicable disease of
                            public health significance, which shall
                            include infection with the etiologic
                            agent for acquired immune deficiency
                            syndrome,
                              (ii) who seeks admission as an
                            immigrant, or who seeks adjustment of
                            status to the status of an alien
                            lawfully admitted for permanent
                            residence, and who has failed to
                            present documentation of having
                            received vaccination against vaccine-
                            preventable diseases, which shall
                            include at least the following
                            diseases: mumps, measles, rubella,
                            polio, tetanus and diphtheria toxoids,
                            pertussis, influenza type B and
                            hepatitis B, and any other vaccinations
                            against vaccine-preventable diseases
                            recommended by the Advisory Committee
                            for Immunization Practices,
                              [(ii)] (iii) who is determined (in
                            accordance with regulations prescribed
                            by the Secretary of Health and Human
                            Services in consultation with the
                            Attorney General)--
                                      (I) to have a physical or
                                    mental disorder and behavior
                                    associated with the disorder
                                    that may pose, or has posed, a
                                    threat to the property, safety,
                                    or welfare of the alien or
                                    others, or
                                      (II) to have had a physical
                                    or mental disorder and a
                                    history of behavior associated
                                    with the disorder, which
                                    behavior has posed a threat to
                                    the property, safety, or
                                    welfare of the alien or others
                                    and which behavior is likely to
                                    recur or to lead to other
                                    harmful behavior, or
                              [(iii)] (iv) who is determined (in
                            accordance with regulations prescribed
                            by the Secretary of Health and Human
                            Services) to be a drug abuser or
                            addict,
                    [is excludable] is inadmissible.
                      (B) Waiver authorized.--For provision
                    authorizing waiver of certain clauses of
                    subparagraph (A), see subsection (g).
              (2) Criminal and related grounds.--
                      (A) Conviction of certain crimes.--
                              (i) In general.--Except as provided
                            in clause (ii), any alien convicted of,
                            or who admits having committed, or who
                            admits committing acts which constitute
                            the essential elements of--
                                      (I) a crime involving moral
                                    turpitude (other than a purely
                                    political offense) or an
                                    attempt or conspiracy to commit
                                    such a crime, or
                                      (II) a violation of (or a
                                    conspiracy or attempt to
                                    violate) any law or regulation
                                    of a State, the United States,
                                    or a foreign country relating
                                    to a controlled substance (as
                                    defined in section 102 of the
                                    Controlled Substances Act (21
                                    U.S.C. 802)),
                            [is excludable] is inadmissible.
                              (ii) Exception.--Clause (i)(I) shall
                            not apply to an alien who committed
                            only one crime if--
                                      (I) the crime was committed
                                    when the alien was under 18
                                    years of age, and the crime was
                                    committed (and the alien
                                    released from any confinement
                                    to a prison or correctional
                                    institution imposed for the
                                    crime) more than 5 years before
                                    the date of application for a
                                    visa or other documentation and
                                    the date of application for
                                    admission to the United States,
                                    or
                                      (II) the maximum penalty
                                    possible for the crime of which
                                    the alien was convicted (or
                                    which the alien admits having
                                    committed or of which the acts
                                    that the alien admits having
                                    committed constituted the
                                    essential elements) did not
                                    exceed imprisonment for one
                                    year and, if the alien was
                                    convicted of such crime, the
                                    alien was not sentenced to a
                                    term of imprisonment in excess
                                    of 6 months (regardless of the
                                    extent to which the sentence
                                    was ultimately executed).
                      (B) Multiple criminal convictions.--Any alien
                    convicted of 2 or more offenses (other than
                    purely political offenses), regardless of
                    whether the conviction was in a single trial or
                    whether the offenses arose from a single scheme
                    of misconduct and regardless of whether the
                    offenses involved moral turpitude, for which
                    the aggregate sentences to confinement actually
                    imposed were 5 years or more [is excludable] is
                    inadmissible.
                      (C) Controlled substance traffickers.--Any
                    alien who the consular or immigration officer
                    knows or has reason to believe is or has been
                    an illicit trafficker in any such controlled
                    substance or is or has been a knowing assister,
                    abettor, conspirator, or colluder with others
                    in the illicit trafficking in any such
                    controlled substance, [is excludable] is
                    inadmissible.
                      (D) Prostitution and commercialized vice.--
                    Any alien who--
                              (i) is coming to the United States
                            solely, principally, or incidentally to
                            engage in prostitution, or has engaged
                            in prostitution within 10 years of the
                            date of application for a visa, [entry]
                            admission, or adjustment of status,
                              (ii) directly or indirectly procures
                            or attempts to procure, or (within 10
                            years of the date of application for a
                            visa, [entry] admission, or adjustment
                            of status) procured or attempted to
                            procure or to import, prostitutes or
                            persons for the purpose of
                            prostitution, or receives or (within
                            such 10-year period) received, in whole
                            or in part, the proceeds of
                            prostitution, or
                              (iii) is coming to the United States
                            to engage in any other unlawful
                            commercialized vice, whether or not
                            related to prostitution,
                    [is excludable] is inadmissible.
                      (E) Certain aliens involved in serious
                    criminal activity who have asserted immunity
                    from prosecution.--Any alien--
                              (i) who has committed in the United
                            States at any time a serious criminal
                            offense (as defined in section 101(h)),
                              (ii) for whom immunity from criminal
                            jurisdiction was exercised with respect
                            to that offense,
                              (iii) who as a consequence of the
                            offense and exercise of immunity has
                            departed from the United States, and
                              (iv) who has not subsequently
                            submitted fully to the jurisdiction of
                            the court in the United States having
                            jurisdiction with respect to that
                            offense,
                    [is excludable] is inadmissible.
                      (F) Waiver authorized.--For provision
                    authorizing waiver of certain subparagraphs of
                    this paragraph, see subsection (h).
              (3) Security and related grounds.--
                      (A) In general.--Any alien who a consular
                    officer or the Attorney General knows, or has
                    reasonable ground to believe, seeks to enter
                    the United States to engage solely,
                    principally, or incidentally in--
                              (i) any activity (I) to violate any
                            law of the United States relating to
                            espionage or sabotage or (II) to
                            violate or evade any law prohibiting
                            the export from the United States of
                            goods, technology, or sensitive
                            information,
                              (ii) any other unlawful activity, or
                              (iii) any activity a purpose of which
                            is the opposition to, or the control or
                            overthrow of, the Government of the
                            United States by force, violence, or
                            other unlawful means,
                    [is excludable] is inadmissible.
                      (B) Terrorist activities.--
                              (i) In general.--Any alien who--
                                      (I) has engaged in a
                                    terrorist activity, [or]
                                      (II) a consular officer or
                                    the Attorney General knows, or
                                    has reasonable ground to
                                    believe, engaged in or is
                                    likely to engage after entry in
                                    any terrorist activity (as
                                    defined in clause (iii)),
                                      (III) is a representative of
                                    a terrorist organization, or
                                      (IV) is a member of a
                                    terrorist organization which
                                    the alien knows or should have
                                    known is a terrorist
                                    organization,
                            [is excludable] is inadmissible. An
                            alien who is an officer, official,
                            representative, or spokesman of the
                            Palestine Liberation Organization is
                            considered, for purposes of this Act,
                            to be engaged in a terrorist activity.
              * * * * * * *
                              (iv) Terrorist organization
                            defined.--
                                      (I) Designation.--For
                                    purposes of this Act, the term
                                    ``terrorist organization''
                                    means a foreign organization
                                    designated in the Federal
                                    Register as a terrorist
                                    organization by the Secretary
                                    of State, in consultation with
                                    the Attorney General, based
                                    upon a finding that the
                                    organization engages in, or has
                                    engaged in, terrorist activity
                                    that threatens the national
                                    security of the United States.
                                      (II) Process.--At least 3
                                    days before designating an
                                    organization as a terrorist
                                    organization through
                                    publication in the Federal
                                    Register, the Secretary of
                                    State, in consultation with the
                                    Attorney General, shall notify
                                    the Committees on the Judiciary
                                    of the House of Representatives
                                    and the Senate of the intent to
                                    make such designation and the
                                    findings and basis for
                                    designation. The Secretary of
                                    State, in consultation with the
                                    Attorney General, shall create
                                    an administrative record and
                                    may use classified information
                                    in making such a designation.
                                    Such information is not subject
                                    to disclosure so long as it
                                    remains classified, except that
                                    it may be disclosed to a court
                                    ex parte and in camera under
                                    subclause (III) for purposes of
                                    judicial review of such a
                                    designation. The Secretary of
                                    State, in consultation with the
                                    Attorney General, shall provide
                                    notice and an opportunity for
                                    public comment prior to the
                                    creation of the administrative
                                    record under this subclause.
                                      (III) Judicial review.--Any
                                    organization designated as a
                                    terrorist organization under
                                    the preceding provisions of
                                    this clause may, not later than
                                    30 days after the date of the
                                    designation, seek judicial
                                    review thereof in the United
                                    States Court of Appeals for the
                                    District of Columbia Circuit.
                                    Such review shall be based
                                    solely upon the administrative
                                    record, except that the
                                    Government may submit, for ex
                                    parte and in camera review,
                                    classified information
                                    considered in making the
                                    designation. The court shall
                                    hold unlawful and set aside the
                                    designation if the court finds
                                    the designation to be
                                    arbitrary, capricious, an abuse
                                    of discretion, or otherwise not
                                    in accordance with law, lacking
                                    substantial support in the
                                    administrative record taken as
                                    a whole or in classified
                                    information submitted to the
                                    court under the previous
                                    sentence, contrary to
                                    constitutional right, power,
                                    privilege, or immunity, or not
                                    in accord with the procedures
                                    required by law.
                                      (IV) Congressional removal
                                    authority.--The Congress
                                    reserves the authority to
                                    remove, by law, the designation
                                    of an organization as a
                                    terrorist organization for
                                    purposes of this Act.
                                      (V) Sunset.--Subject to
                                    subclause (IV), the designation
                                    under this clause of an
                                    organization as a terrorist
                                    organization shall be effective
                                    for a period of 2 years from
                                    the date of the initial
                                    publication of the terrorist
                                    organization designation by the
                                    Secretary of State. At the end
                                    of such period (but no sooner
                                    than 60 days prior to the
                                    termination of the 2-year-
                                    designation period), the
                                    Secretary of State, in
                                    consultation with the Attorney
                                    General, may redesignate the
                                    organization in conformity with
                                    the requirements of this clause
                                    for designation of the
                                    organization.
                                      (VI) Removal authority.--The
                                    Secretary of State, in
                                    consultation with the Attorney
                                    General, may remove the
                                    terrorist organization
                                    designation from any
                                    organization previously
                                    designated as such an
                                    organization, at any time, so
                                    long as the Secretary publishes
                                    notice of the removal in the
                                    Federal Register. The Secretary
                                    is not required to report to
                                    Congress prior to so removing
                                    such designation.
                              (v) Representative defined.--
                                      (I) In general.--In this
                                    subparagraph, the term
                                    ``representative'' includes an
                                    officer, official, or spokesman
                                    of the organization and any
                                    person who directs, counsels,
                                    commands or induces the
                                    organization or its members to
                                    engage in terrorist activity.
                                      (II) Judicial review.--The
                                    determination under this
                                    subparagraph that an alien is a
                                    representative of a terrorist
                                    organization shall be subject
                                    to judicial review under
                                    section 706 of title 5, United
                                    States Code.
                      (C) Foreign policy.--
                              (i) In general.--An alien whose entry
                            or proposed activities in the United
                            States the Secretary of State has
                            reasonable ground to believe would have
                            potentially serious adverse foreign
                            policy consequences for the United
                            States [is excludable] is inadmissible.
                              (ii) Exception for officials.--An
                            alien who is an official of a foreign
                            government or a purported government,
                            or who is a candidate for election to a
                            foreign government office during the
                            period immediately preceding the
                            election for that office, shall not be
                            excludable or subject to restrictions
                            or conditions on entry into the United
                            States under clause (i) solely because
                            of the alien's past, current, or
                            expected beliefs, statements, or
                            associations, if such beliefs,
                            statements, or associations would be
                            lawful within the United States.
                              (iii) Exception for other aliens.--An
                            alien, not described in clause (ii),
                            shall not be excludable or subject to
                            restrictions or conditions on entry
                            into the United States under clause (i)
                            because of the alien's past, current,
                            or expected beliefs, statements, or
                            associations, if such beliefs,
                            statements, or associations would be
                            lawful within the United States, unless
                            the Secretary of State personally
                            determines that the alien's admission
                            would compromise a compelling United
                            States foreign policy interest.
                              (iv) Notification of
                            determinations.--If a determination is
                            made under clause (iii) with respect to
                            an alien, the Secretary of State must
                            notify on a timely basis the chairmen
                            of the Committees on the Judiciary and
                            Foreign Affairs of the House of
                            Representatives and of the Committees
                            on the Judiciary and Foreign Relations
                            of the Senate of the identity of the
                            alien and the reasons for the
                            determination.
                      (D) Immigrant membership in totalitarian
                    party.--
                              (i) In general.--Any immigrant who is
                            or has been a member of or affiliated
                            with the Communist or any other
                            totalitarian party (or subdivision or
                            affiliate thereof), domestic or
                            foreign, [is excludable] is
                            inadmissible.
                              (ii) Exception for involuntary
                            membership.--Clause (i) shall not apply
                            to an alien because of membership or
                            affiliation if the alien establishes to
                            the satisfaction of the consular
                            officer when applying for a visa (or to
                            the satisfaction of the Attorney
                            General when applying for admission)
                            that the membership or affiliation is
                            or was involuntary, or is or was solely
                            when under 16 years of age, by
                            operation of law, or for purposes of
                            obtaining employment, food rations, or
                            other essentials of living and whether
                            necessary for such purposes.
                              (iii) Exception for past
                            membership.--Clause (i) shall not apply
                            to an alien because of membership or
                            affiliation if the alien establishes to
                            the satisfaction of the consular
                            officer when applying for a visa (or to
                            the satisfaction of the Attorney
                            General when applying for admission)
                            that--
                                      (I) the membership or
                                    affiliation terminated at
                                    least--
                                              (a) 2 years before
                                            the date of such
                                            application, or
                                              (b) 5 years before
                                            the date of such
                                            application, in the
                                            case of an alien whose
                                            membership or
                                            affiliation was with
                                            the party controlling
                                            the government of a
                                            foreign state that is a
                                            totalitarian
                                            dictatorship as of such
                                            date, and
                                      (II) the alien is not a
                                    threat to the security of the
                                    United States.
                              (iv) Exception for close family
                            members.--The Attorney General may, in
                            the Attorney General's discretion,
                            waive the application of clause (i) in
                            the case of an immigrant who is the
                            parent, spouse, son, daughter, brother,
                            or sister of a citizen of the United
                            States or a spouse, son, or daughter of
                            an alien lawfully admitted for
                            permanent residence for humanitarian
                            purposes, to assure family unity, or
                            when it is otherwise in the public
                            interest if the immigrant is not a
                            threat to the security of the United
                            States.
                      (E) Participants in nazi persecutions or
                    genocide.--
                              (i) Participation in nazi
                            persecutions.--Any alien who, during
                            the period beginning on March 23, 1933,
                            and ending on May 8, 1945, under the
                            direction of, or in association with--
                                      (I) the Nazi government of
                                    Germany,
                                      (II) any government in any
                                    area occupied by the military
                                    forces of the Nazi government
                                    of Germany,
                                      (III) any government
                                    established with the assistance
                                    or cooperation of the Nazi
                                    government of Germany, or
                                      (IV) any government which was
                                    an ally of the Nazi government
                                    of Germany,

                            ordered, incited, assisted, or
                            otherwise participated in the
                            persecution of any person because of
                            race, religion, national origin, or
                            political opinion [is excludable] is
                            inadmissible.
                              (ii) Participation in genocide.--Any
                            alien who has engaged in conduct that
                            is defined as genocide for purposes of
                            the International Convention on the
                            Prevention and Punishment of Genocide
                            [is excludable] is inadmissible.
              [(4) Public charge.--Any alien who, in the opinion of
            the consular officer at the time of application for a
            visa, or in the opinion of the Attorney General at the
            time of application for admission or adjustment of
            status, is likely at any time to become a public charge
            is excludable.]
              (4) Public charge.--
                      (A) Family-sponsored immigrants.--Any alien
                    who seeks admission or adjustment of status
                    under a visa number issued under section
                    203(a), who cannot demonstrate to the consular
                    officer at the time of application for a visa,
                    or to the Attorney General at the time of
                    application for admission or adjustment of
                    status, that the alien's age, health, family
                    status, assets, resources, financial status,
                    education, skills, or a combination thereof, or
                    an affidavit of support described in section
                    213A, or both, make it unlikely that the alien
                    will become a public charge (as determined
                    under section 241(a)(5)(B)) is inadmissible.
                      (B) Nonimmigrants.--Any alien who seeks
                    admission under a visa number issued under
                    section 214, who cannot demonstrate to the
                    consular officer at the time of application for
                    the visa that the alien's age, health, family
                    status, assets, resources, financial status,
                    education, skills or a combination thereof, or
                    an affidavit of support described in section
                    213A, or both, make it unlikely that the alien
                    will become a public charge (as determined
                    under section 241(a)(5)(B)) is inadmissible.
                      (C) Employment-based immigrants.--
                              (i) In general.--Any alien who seeks
                            admission or adjustment of status under
                            a visa number issued under paragraph
                            (2) or (3) of section 203(b) who cannot
                            demonstrate to the consular officer at
                            the time of application for a visa, or
                            to the Attorney General at the time of
                            application for admission or adjustment
                            of status, that the immigrant has a
                            valid offer of employment is
                            inadmissible.
                              (ii) Certain employment-based
                            immigrants.--Any alien who seeks
                            admission or adjustment of status under
                            a visa number issued under section
                            203(b) by virtue of a classification
                            petition filed by a relative of the
                            alien (or by an entity in which such
                            relative has a significant ownership
                            interest) is inadmissible unless such
                            relative has executed an affidavit of
                            support described in section 213A with
                            respect to such alien.
                      (D) Insurance requirements for parents.--
                              (i) In general.--Any alien who seeks
                            admission as a parent under section
                            203(a)(2) is inadmissible unless the
                            alien demonstrates at the time of
                            issuance of the visa (and at the time
                            of admission) to the satisfaction of
                            the consular officer and the Attorney
                            General that the alien--
                                      (I) will have coverage under
                                    an adequate health insurance
                                    policy (at least comparable to
                                    coverage provided under the
                                    medicare program under title
                                    XVIII of the Social Security
                                    Act), and
                                      (II) will have coverage with
                                    respect to long-term health
                                    needs (at least comparable to
                                    such coverage provided under
                                    the medicaid program under
                                    title XIX of such Act for the
                                    State in which either the alien
                                    intends to reside or in which
                                    the petitioner (on behalf of
                                    the alien under section
                                    204(a)(1)) resides,

                            throughout the period the individual is
                            residing in the United States.
                              (ii) Factors to be taken into
                            account.--In making a determination
                            under clause (i), the Attorney General
                            shall take into account the age of the
                            parent and the likelihood of the parent
                            securing health insurance coverage
                            through employment.
                      (E) Waiver authorized for humanitarian
                    immigrants.--The Attorney General, in the
                    discretion of the Attorney General, may waive
                    the ground of inadmissibility under
                    subparagraph (A) in the case of an alien
                    seeking admission as a humanitarian immigrant
                    under section 203(d).
              (5) Labor certification and qualifications for
            certain immigrants.--
                      (A) Labor certification.--
                              (i) In general.--Any alien who seeks
                            to enter the United States for the
                            purpose of performing skilled or
                            unskilled labor [is excludable] is
                            inadmissible, unless the Secretary of
                            Labor has determined and certified to
                            the Secretary of State and the Attorney
                            General that--
                                      (I) there are not sufficient
                                    workers who are able, willing,
                                    qualified (or equally qualified
                                    in the case of an alien
                                    described in clause (ii)) and
                                    available at the time of
                                    application for a visa and
                                    admission to the United States
                                    and at the place where the
                                    alien is to perform such
                                    skilled or unskilled labor, and
                                      (II) the employment of such
                                    alien will not adversely affect
                                    the wages and working
                                    conditions of workers in the
                                    United States similarly
                                    employed.
                              (ii) Certain aliens subject to
                            special rule.--For purposes of clause
                            (i)(I), an alien described in this
                            clause is an alien who--
                                      (I) is a member of the
                                    teaching profession, or
                                      (II) has exceptional ability
                                    in the sciences or the arts.
                      (B) Unqualified physicians.--An alien who is
                    a graduate of a medical school not accredited
                    by a body or bodies approved for the purpose by
                    the Secretary of Education (regardless of
                    whether such school of medicine is in the
                    United States) and who is coming to the United
                    States principally to perform services as a
                    member of the medical profession [is
                    excludable] is inadmissible, unless the alien
                    (i) has passed parts I and II of the National
                    Board of Medical Examiners Examination (or an
                    equivalent examination as determined by the
                    Secretary of Health and Human Services) and
                    (ii) is competent in oral and written English.
                    For purposes of the previous sentence, an alien
                    who is a graduate of a medical school shall be
                    considered to have passed parts I and II of the
                    National Board of Medical Examiners if the
                    alien was fully and permanently licensed to
                    practice medicine in a State on January 9,
                    1978, and was practicing medicine in a State on
                    that date.
                      (C) Application of grounds.--The grounds for
                    [exclusion] inadmissibility of aliens under
                    subparagraphs (A) and (B) shall apply to
                    immigrants seeking admission or adjustment of
                    status under paragraph [(2) or (3)] (3) or (4)
                    of section 203(b), and shall not apply to
                    immigrants seeking admissions as humanitarian
                    immigrants under section 203(d).
              (6) Illegal entrants and immigration violators.--
                      [(A) Aliens previously deported.--Any alien
                    who has been excluded from admission and
                    deported and who again seeks admission within
                    one year of the date of such deportation is
                    excludable, unless prior to the alien's
                    reembarkation at a place outside the United
                    States or attempt to be admitted from foreign
                    contiguous territory the Attorney General has
                    consented to the alien's reapplying for
                    admission.
                      [(B) Certain aliens previously removed.--Any
                    alien who--
                              [(i) has been arrested and deported,
                              [(ii) has fallen into distress and
                            has been removed pursuant to this or
                            any prior Act,
                              [(iii) has been removed as an alien
                            enemy, or
                              [(iv) has been removed at Government
                            expense in lieu of deportation pursuant
                            to section 242(b),
                    [and (a) who seeks admission within 5 years of
                    the date of such deportation or removal, or (b)
                    who seeks admission within 20 years in the case
                    of an alien convicted of an aggravated felony,
                    is excludable, unless before the date of the
                    alien's embarkation or reembarkation at a place
                    outside the United States or attempt to be
                    admitted from foreign contiguous territory the
                    Attorney General has consented to the alien's
                    applying or reapplying for admission.]
                      (A) Aliens previously removed.--
                              (i) Arriving aliens.--Any alien who
                            has been ordered removed under section
                            235(b)(1) or at the end of proceedings
                            under section 240 initiated upon the
                            alien's arrival in the United States
                            and who again seeks admission within 5
                            years of the date of such removal is
                            inadmissible.
                              (ii) Other aliens.--Any alien not
                            described in clause (i) who has been
                            ordered removed under section 240 or
                            any other provision of law and who
                            again seeks admission within 10 years
                            of the date of such removal (or at any
                            time in the case of an alien convicted
                            of an aggravated felony) is
                            inadmissible.
                              (iii) Exception.--Clauses (i) and
                            (ii) shall not apply to an alien
                            seeking admission within a period if,
                            prior to the alien's reembarkation at a
                            place outside the United States or
                            attempt to be admitted from foreign
                            contiguous territory, the Attorney
                            General has consented to the alien's
                            reapplying for admission.
                      (B) Aliens present unlawfully for more than 1
                    year.--
                              (i) In general.--Any alien who was
                            unlawfully present in the United States
                            for an aggregate period totaling 1 year
                            is inadmissible unless the alien has
                            remained outside the United States for
                            a period of 10 years.
                              (ii) Exceptions.--
                                      (I) Minors.--No period of
                                    time in which an alien is under
                                    18 years of age shall be taken
                                    into account in determining the
                                    period of unlawful presence in
                                    the United States under clause
                                    (i).
                                      (II) Asylees.--No period of
                                    time in which an alien has a
                                    bona fide application for
                                    asylum pending under section
                                    208 shall be taken into account
                                    in determining the period of
                                    unlawful presence in the United
                                    States under clause (i).
                                      (III) Aliens with work
                                    authorization.--No period of
                                    time in which an alien is
                                    provided authorization to
                                    engage in employment in the
                                    United States (including such
                                    an authorization under section
                                    244A(a)(1)(B)), or in which the
                                    alien is the spouse of such an
                                    alien, shall be taken into
                                    account in determining the
                                    period of unlawful presence in
                                    the United States under clause
                                    (i).
                                      (IV) Family unity.--No period
                                    of time in which the alien is a
                                    beneficiary of family unity
                                    protection pursuant to section
                                    301 of the Immigration Act of
                                    1990 shall be taken into
                                    account in determining the
                                    period of unlawful presence in
                                    the United States under clause
                                    (i).
                                      (V) Battered women and
                                    children.--Clause (i) shall not
                                    apply to an alien described in
                                    paragraph (9)(B).
                              (iii) Extension.--The Attorney
                            General may extend the period of 1 year
                            under clause (i) to a period of 15
                            months in the case of an alien who
                            applies to the Attorney General (before
                            the alien has been present unlawfully
                            in the United States for a period
                            totaling 1 year) and establishes to the
                            satisfaction of the Attorney General
                            that--
                                      (I) the alien is not
                                    inadmissible under clause (i)
                                    at the time of the application,
                                    and
                                      (II) the failure to extend
                                    such period would constitute an
                                    extreme hardship for the alien.
                              (iv) Waiver.--In the case of an alien
                            who is the spouse, parent, or child of
                            a United States citizen or the spouse
                            or child of a permanent resident alien,
                            the Attorney General may waive clause
                            (i) for humanitarian purposes, to
                            assure family unity, or when it is
                            otherwise in the public interest.
                              (v) National interest waiver.--The
                            Attorney General may waive clause (i)
                            if the Attorney General determines that
                            such a waiver is necessary to
                            substantially benefit--
                                      (I) the national security,
                                    national defense, or Federal,
                                    State, or local law
                                    enforcement;
                                      (II) health care, housing, or
                                    educational opportunities for
                                    an indigent or low-income
                                    population or in an underserved
                                    geographical area;
                                      (III) economic or employment
                                    opportunities for a specific
                                    industry or specific
                                    geographical area;
                                      (IV) the development of new
                                    technologies; or
                                      (V) environmental protection
                                    or the productive use of
                                    natural resources; and
                            the alien will engage in a specific
                            undertaking to advance one or more of
                            the interests identified in subclauses
                            (I) through (V).
                      (C) Misrepresentation.--
                              (i) In general.--Any alien who, by
                            fraud or willfully misrepresenting a
                            material fact, seeks to procure (or has
                            sought to procure or has procured) a
                            visa, other documentation, or [entry]
                            admission into the United States or
                            other benefit provided under this Act
                            [is excludable] is inadmissible.
                              (ii) Waiver authorized.--For
                            provision authorizing waiver of clause
                            (i), see subsection (i).
                      (D) Stowaways.--Any alien who is a stowaway
                    [is excludable] is inadmissible.
                      (E) Smugglers.--
                              (i) In general.--Any alien who at any
                            time knowingly has encouraged, induced,
                            assisted, abetted, or aided any other
                            alien to enter or to try to enter the
                            United States in violation of law [is
                            excludable] is inadmissible.
                              (ii) Special rule in the case of
                            family reunification.--Clause (i) shall
                            not apply in the case of alien who is
                            an eligible immigrant (as defined in
                            section 301(b)(1) of the Immigration
                            Act of 1990), was physically present in
                            the United States on May 5, 1988, and
                            is seeking admission as [an immediate
                            relative] a spouse, child, or parent of
                            a citizen of the United States or under
                            section [203(a)(2)] 203(a)(1)
                            (including under section 112 of the
                            Immigration Act of 1990) or benefits
                            under section 301(a) of the Immigration
                            Act of 1990 if the alien, before May 5,
                            1988, has encouraged, induced,
                            assisted, abetted, or aided only the
                            alien's spouse, parent, son, or
                            daughter (and no other individual) to
                            enter the United States in violation of
                            law.
                              (iii) Waiver authorized.--For
                            provision authorizing waiver of clause
                            (i), see subsection (d)(11).
                      [(F) Subject of civil penalty.--An alien who
                    is the subject of a final order for violation
                    of section 274C is excludable.]
                      (F) Subject of civil penalty.--
                              (i) In general.--An alien who is the
                            subject of a final order for violation
                            of section 274C is inadmissible.
                              (ii) Waiver authorized.--For
                            provision authorizing waiver of clause
                            (i), see subsection (d)(12).
              (7) Documentation requirements.--
                      (A) Immigrants.--
                              (i) In general.--Except as otherwise
                            specifically provided in this Act, any
                            immigrant at the time of application
                            for admission--
                                      (I) who is not in possession
                                    of a valid unexpired immigrant
                                    visa, reentry permit, border
                                    crossing identification card,
                                    or other valid entry document
                                    required by this Act, and a
                                    valid unexpired passport, or
                                    other suitable travel document,
                                    or document of identity and
                                    nationality if such document is
                                    required under the regulations
                                    issued by the Attorney General
                                    under section 211(a), or
                                      (II) whose visa has been
                                    issued without compliance with
                                    the provisions of section 203,
                            [is excludable] is inadmissible.
                              (ii) Waiver authorized for
                            humanitarian immigrants.--The Attorney
                            General, in the discretion of the
                            Attorney General, may waive the ground
                            of inadmissibility under clause (i) in
                            the case of an alien seeking admission
                            as a humanitarian immigrant under
                            section 203(d).
                              [(ii)] (iii) Waiver authorized.--For
                            provision authorizing waiver of clause
                            (i), see subsection (k).
                      (B) Nonimmigrants.--
                              (i) In general.--Any nonimmigrant
                            who--
                                      (I) is not in possession of a
                                    passport valid for a minimum of
                                    six months from the date of the
                                    expiration of the initial
                                    period of the alien's admission
                                    or contemplated initial period
                                    of stay authorizing the alien
                                    to return to the country from
                                    which the alien came or to
                                    proceed to and enter some other
                                    country during such period, or
                                      (II) is not in possession of
                                    a valid nonimmigrant visa or
                                    border crossing identification
                                    card at the time of application
                                    for admission,
                            [is excludable] is inadmissible.
                              (ii) General waiver authorized.--For
                            provision authorizing waiver of clause
                            (i), see subsection (d)(4).
                              (iii) Guam visa waiver.--For
                            provision authorizing waiver of clause
                            (i) in the case of visitors to Guam,
                            see subsection (l).
                              (iv) Visa waiver pilot program.--For
                            authority to waive the requirement of
                            clause (i) under a pilot program, see
                            section 217.
              (8) Ineligible for citizenship.--
                      (A) In general.--Any immigrant who is
                    permanently ineligible to citizenship [is
                    excludable] is inadmissible.
                      (B) Draft evaders.--Any person who has
                    departed from or who has remained outside the
                    United States to avoid or evade training or
                    service in the armed forces in time of war or a
                    period declared by the President to be a
                    national emergency [is excludable] is
                    inadmissible, except that this subparagraph
                    shall not apply to an alien who at the time of
                    such departure was a nonimmigrant and who is
                    seeking to reenter the United States as a
                    nonimmigrant.
              (9) Present without admission or parole.--
                      (A) In general.--An alien present in the
                    United States without being admitted or
                    paroled, or who arrives in the United States at
                    any time or place other than as designated by
                    the Attorney General, is inadmissible.
                      (B) Exception for certain battered women and
                    children.--Subparagraph (A) shall not apply to
                    an alien who can demonstrate that--
                              (i) the alien qualifies for immigrant
                            status under subparagraphs (A)(iii),
                            (A)(iv), (B)(ii), or (B)(iii) of
                            section 204(a)(1),
                              (ii)(I) the alien has been battered
                            or subject to extreme cruelty by a
                            spouse or parent, or by a member of the
                            spouse's or parent's family residing in
                            the same household as the alien and the
                            spouse or parent consented or
                            acquiesced to such battery or cruelty,
                            or (II) the alien's child has been
                            battered or subject to extreme cruelty
                            by a spouse or parent of the alien
                            (without the active participation of
                            the alien in the battery or extreme
                            cruelty) or by a member of the spouse's
                            or parent's family residing in the same
                            household as the alien when the spouse
                            or parent consented to or acquiesced in
                            such battery or cruelty and the alien
                            did not actively participate in such
                            battery or cruelty, and
                              (iii) there was a substantial
                            connection between the battery or
                            cruelty described in subclause (I) or
                            (II) and the alien's unlawful entry
                            into the United States.
              [(9)] (10) Miscellaneous.--
                      (A) Practicing polygamists.--Any immigrant
                    who is coming to the United States to practice
                    polygamy [is excludable] is inadmissible.
                      [(B) Guardian required to accompany excluded
                    alien.--Any alien accompanying another alien
                    ordered to be excluded and deported and
                    certified to be helpless from sickness or
                    mental or physical disability or infancy
                    pursuant to section 237(e), whose protection or
                    guardianship is required by the alien ordered
                    excluded and deported, is excludable.]
                      (B) Guardian required to accompany helpless
                    alien.--Any alien--
                              (i) who is accompanying another alien
                            who is inadmissible and who is
                            certified to be helpless from sickness,
                            mental or physical disability, or
                            infancy pursuant to section 232(c), and
                              (ii) whose protection or guardianship
                            is determined to be required by the
                            alien described in clause (i),
                    is inadmissible.
                      (C) International child abduction.--
                              (i) In general.--Except as provided
                            in clause (ii), any alien who, after
                            entry of an order by a court in the
                            United States granting custody to a
                            person of a United States citizen child
                            who detains or retains the child, or
                            withholds custody of the child, outside
                            the United States from the person
                            granted custody by that order, [is
                            excludable] is inadmissible until the
                            child is surrendered to the person
                            granted custody by that order.
                              (ii) Exception.--Clause (i) shall not
                            apply so long as the child is located
                            in a foreign state that is a party to
                            the Hague Convention on the Civil
                            Aspects of International Child
                            Abduction.
                      (D) Former citizens who renounced citizenship
                    to avoid taxation.--Any alien who is a former
                    citizen of the United States who officially
                    renounced United States citizenship and who is
                    determined by the Attorney General to have
                    renounced United States citizenship for the
                    purpose of avoiding taxation by the United
                    States is excludable.
        (b) Notices of Denials.--[If] (1) Subject to paragraph (2),
    if an alien's application for a visa, for admission to the
    United States, or for adjustment of status is denied by an
    immigration or consular officer because the officer determines
    the alien to be [excludable] inadmissible under subsection (a),
    the officer shall provide the alien with a timely written
    notice that--
              [(1)] (A) states the determination, and
              [(2)] (B) lists the specific provision or provisions
            of law under which the alien is [excludable or
            ineligible for entry] inadmissible or adjustment of
            status.
      (2) With respect to applications for visas, the Secretary of
    State may waive the application of paragraph (1) in the case of
    a particular alien or any class or classes of aliens
    inadmissible under subsection (a)(2) or (a)(3).
        [(c) Aliens lawfully admitted for permanent residence who
    temporarily proceeded abroad voluntarily and not under an order
    of deportation, and who are returning to a lawful
    unrelinquished domicile of seven consecutive years, may be
    admitted in the discretion of the Attorney General without
    regard to the provisions of subsection (a) (other than
    paragraphs (3) and (9)(C)). Nothing contained in this
    subsection shall limit the authority of the Attorney General to
    exercise the discretion vested in him under section 211(b). The
    first sentence of this subsection shall not apply to an alien
    who has been convicted of one or more aggravated felonies and
    has served for such felony or felonies a term of imprisonment
    of at least 5 years.]
        (d)(1) The Attorney General shall determine whether a
    ground for [exclusion] inadmissibility exists with respect to a
    nonimmigrant described in section 101(a)(15)(S). The Attorney
    General, in the Attorney General's discretion, may waive the
    application of subsection (a)(2) (other than paragraph (3)(E))
    in the case of a nonimmigrant described in section
    101(a)(15)(S), if the Attorney General considers it to be in
    the national interest to do so. Nothing in this section shall
    be regarded as prohibiting the Immigration and Naturalization
    Service from instituting [deportation] removal proceedings
    against an alien admitted as a nonimmigrant under section
    101(a)(15)(S) for conduct committed after the alien's admission
    into the United States, or for conduct or a condition that was
    not disclosed to the Attorney General prior to the alien's
    admission as a nonimmigrant under section 101(a)(15)(S).
        (3) Except as provided in this subsection, an alien (A) who
    is applying for a nonimmigrant visa and is known or believed by
    the consular officer to be ineligible for such visa under
    subsection (a) (other than paragraphs (3)(A)(i)(I), (3)(A)(ii),
    (3)(A)(iii), (3)(C), and (3)(E) of such subsection), may, after
    approval by the Attorney General of a recommendation by the
    Secretary of State or by the consular officer that the alien be
    admitted temporarily despite his inadmissibility, be granted
    such a visa and may be admitted into the United States
    temporarily as a nonimmigrant in the discretion of the Attorney
    General, or (B) who is inadmissible under subsection (a) (other
    than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C),
    and (3)(E) of such subsection), but who is in possession of
    appropriate documents or is granted a waiver thereof and is
    seeking admission, may be admitted into the United States
    temporarily as a nonimmigrant in the discretion of the Attorney
    General. The Attorney General shall prescribe conditions,
    including exaction of such bonds as may be necessary, to
    control and regulate the admission and return of [excludable]
    inadmissible aliens applying for temporary admission under this
    paragraph.
        (4) Either or both of the requirements of paragraph
    (7)(B)(i) of subsection (a) may be waived by the Attorney
    General and the Secretary of State acting jointly (A) on the
    basis of unforeseen emergency in individual cases, or (B) on
    the basis of reciprocity with respect to nationals of foreign
    contiguous territory or of adjacent islands [and residents],
    residents thereof having a common nationality with such
    [nationals,] nationals, and aliens who are granted permanent
    residence by the government of the foreign contiguous territory
    and who are residing in that territory or (C) in the case of
    aliens proceeding in immediate and continuous transit through
    the United States under contracts authorized in section 238(c).
        [(5)(A) The Attorney General may, except as provided in
    subparagraph (B) or in section 214(f), in his discretion parole
    into the United States temporarily under such conditions as he
    may prescribe for emergent reasons or for reasons deemed
    strictly in the public interest any alien applying for
    admission to the United States, but such parole of such alien
    shall not be regarded as an admission of the alien and when the
    purposes of such parole shall, in the opinion of the Attorney
    General, have been served the alien shall forthwith return or
    be returned to the custody from which he was paroled and
    thereafter his case shall continue to be dealt with in the same
    manner as that of any other applicant for admission to the
    United States.
        [(B) The Attorney General may not parole into the United
    States an alien who is a refugee unless the Attorney General
    determines that compelling reasons in the public interest with
    respect to that particular alien require that the alien be
    paroled into the United States rather than be admitted as a
    refugee under section 207.]
      (5)(A) Subject to the provisions of this paragraph and
    section 214(f)(2), the Attorney General, in the sole discretion
    of the Attorney General, may on a case-by-case basis parole an
    alien into the United States temporarily, under such conditions
    as the Attorney General may prescribe, only--
              (i) for an urgent humanitarian reason (as described
            under subparagraph (B)); or
              (ii) for a reason deemed strictly in the public
            interest (as described under subparagraph (C)).
      (B) The Attorney General may parole an alien based on an
    urgent humanitarian reason described in this subparagraph only
    if--
              (i) the alien has a medical emergency and the alien
            cannot obtain necessary treatment in the foreign state
            in which the alien is residing or the medical emergency
            is life-threatening and there is insufficient time for
            the alien to be admitted through the normal visa
            process;
              (ii) the alien is needed in the United States in
            order to donate an organ or other tissue for transplant
            into a close family member; or
              (iii) the alien has a close family member in the
            United States whose death is imminent and the alien
            could not arrive in the United States in time to see
            such family member alive if the alien were to be
            admitted through the normal visa process.
      (C) The Attorney General may parole an alien based on a
    reason deemed strictly in the public interest described in this
    subparagraph only if--
              (i) the alien has assisted the United States
            Government in a matter, such as a criminal
            investigation, espionage, or other similar law
            enforcement activity, and either the alien's presence
            in the United States is required by the Government or
            the alien's life would be threatened if the alien were
            not permitted to come to the United States; or
              (ii) the alien is to be prosecuted in the United
            States for a crime.
      (D) The Attorney General may not use the parole authority
    under this paragraph to permit to come to the United States
    aliens who have applied for and have been found to be
    ineligible for refugee status or any alien to whom the
    provisions of this paragraph do not apply.
      (E) Parole of an alien under this paragraph shall not be
    considered an admission of the alien into the United States.
    When the purposes of the parole of an alien have been served,
    as determined by the Attorney General, the alien shall
    immediately return or be returned to the custody from which the
    alien was paroled and the alien shall be considered for
    admission to the United States on the same basis as other
    similarly situated applicants for admission.
      (F) Not later than 90 days after the end of each fiscal year,
    the Attorney General shall submit a report to the Committees on
    the Judiciary of the House of Representatives and the Senate
    describing the number and categories of aliens paroled into the
    United States under this paragraph. Each such report shall
    contain information and data concerning the number and
    categories of aliens paroled, the duration of parole, and the
    current status of aliens paroled during the preceding fiscal
    year.
        (7) The provisions of subsection (a) (other than paragraph
    (7)) shall be applicable to any alien who shall leave Guam,
    Puerto Rico, or the Virgin Islands of the United States, and
    who seeks to enter the continental United States or any other
    place under the jurisdiction of the United States. Any alien
    described in this paragraph, who is [excluded from] denied
    admission to the United States, shall be immediately [deported]
    removed in the manner provided by section [237(a)] 241(c) of
    this Act.
              * * * * * * *
        (11) The Attorney General may, in his discretion for
    humanitarian purposes, to assure family unity, or when it is
    otherwise in the public interest, waive application of clause
    (i) of subsection (a)(6)(E) in the case of any alien lawfully
    admitted for permanent residence who temporarily proceeded
    abroad voluntarily and not under an order of [deportation]
    removal, and who is otherwise admissible to the United States
    as a returning resident under section 211(b) and in the case of
    an alien seeking admission or adjustment of status as [an
    immediate relative] a spouse or child of a citizen of the
    United States or [immigrant under section 203(a) (other than
    paragraph (4) thereof)] an immigrant under section 203(a) if
    the alien has encouraged, induced, assisted, abetted, or aided
    only the alien's spouse, parent, son, or daughter (and no other
    individual) to enter the United States in violation of law.
      (12) The Attorney General may, in the discretion of the
    Attorney General for humanitarian purposes, to assure family
    unity, or when it is otherwise in the public interest, waive
    application of clause (i) of subsection (a)(6)(F)--
              (A) in the case of an alien lawfully admitted for
            permanent residence who temporarily proceeded abroad
            voluntarily and not under an order of deportation and
            who is otherwise admissible to the United States as a
            returning resident under section 211(b), and
              (B) in the case of an alien seeking admission or
            adjustment of status under section 201(b)(2)(A) or
            under section 203(a),
    if the violation under section 274C was committed solely to
    assist, aid, or support the alien's spouse, parent, son, or
    daughter (and not another individual).
              * * * * * * *
        (f) Whenever the President finds that the entry of any
    aliens or of any class of aliens into the United States would
    be detrimental to the interests of the United States, he may by
    proclamation, and for such period as he shall deem necessary,
    suspend the entry of all aliens or any class of aliens as
    immigrants or nonimmigrants, or impose on the entry of aliens
    any restrictions he may deem to be appropriate. Whenever the
    Attorney General finds that a commercial airline has failed to
    comply with regulations of the Attorney General relating to
    requirements of airlines for the detection of fraudulent
    documents used by passengers traveling to the United States
    (including the training of personnel in such detection), the
    Attorney General may suspend the entry of some or all aliens
    transported to the United States by such airline.
        (g) The Attorney General may waive the application of--
              (1) subsection (a)(1)(A)(i) in the case of any alien
            who--
                      (A) is the spouse or the unmarried son or
                    daughter, or the minor unmarried lawfully
                    adopted child, of a United States citizen, or
                    of an alien lawfully admitted for permanent
                    residence, or of an alien who has been issued
                    an immigrant visa, or
                      (B) has a son or daughter who is a United
                    States citizen, or an alien lawfully admitted
                    for permanent residence, or an alien who has
                    been issued an immigrant visa[, or
              [(2) subsection (a)(1)(A)(ii) in the case of any
            alien,
    in accordance with such terms, conditions, and controls, if
    any, including the giving of bond, as the Attorney General, in
    his discretion after consultation with the Secretary of Health
    and Human Services, may by regulation prescribe.];
            in accordance with such terms, conditions, and
            controls, if any, including the giving of bond, as the
            Attorney General, in the discretion of the Attorney
            General after consultation with the Secretary of Health
            and Human Services, may by regulation prescribe;
              (2) subsection (a)(1)(A)(ii) in the case of any
            alien--
                      (A) who receives vaccination against the
                    vaccine-preventable disease or diseases for
                    which the alien has failed to present
                    documentation of previous vaccination, or
                      (B) for whom a civil surgeon, medical
                    officer, or panel physician (as those terms are
                    defined by 42 C.F.R. 34.2) certifies, according
                    to such regulations as the Secretary of Health
                    and Human Services may prescribe, that such
                    vaccination would not be medically appropriate;
                    or
              (3) subsection (a)(1)(A)(iii) in the case of any
            alien, in accordance with such terms, conditions, and
            controls, if any, including the giving of bond, as the
            Attorney General, in the discretion of the Attorney
            General after consultation with the Secretary of Health
            and Human Services, may by regulation prescribe.
        (h) The Attorney General may, in his discretion, waive the
    application of subparagraphs (A)(i)(I), (B), (D), and (E) of
    subsection (a)(2) and subparagraph (A)(i)(II) of such
    subsection insofar as it relates to a single offense of simple
    possession of 30 grams or less of marijuana if--
              (1)(A) in the case of any immigrant it is established
            to the satisfaction of the Attorney General that--
                      (i) the alien is [excludable] inadmissible
                    only under subparagraph (D)(i) or (D)(ii) of
                    such subsection or the activities for which the
                    alien is [excludable] inadmissible occurred
                    more than 15 years before the date of the
                    alien's application for a visa, [entry]
                    admission, or adjustment of status,
                      (ii) the admission to the United States of
                    such alien would not be contrary to the
                    national welfare, safety, or security of the
                    United States, and
                      (iii) the alien has been rehabilitated; or
              (B) in the case of an immigrant who is the spouse,
            parent, son, or daughter of a citizen of the United
            States or an alien lawfully admitted for permanent
            residence if it is established to the satisfaction of
            the Attorney General that the alien's [exclusion]
            denial of admission would result in extreme hardship to
            the United States citizen or lawfully resident spouse,
            parent, son, or daughter of such alien; and
              * * * * * * *
        [(i) The Attorney General may, in his discretion, waive
    application of clause (i) of subsection (a)(6)(C)--
              [(1) in the case of an immigrant who is the spouse,
            parent, or son or daughter of a United States citizen
            or of an immigrant lawfully admitted for permanent
            residence, or
              [(2) if the fraud or misrepresentation occurred at
            least 10 years before the date of the immigrant's
            application for a visa, entry, or adjustment of status
            and it is established to the satisfaction of the
            Attorney General that the admission to the United
            States of such immigrant would not be contrary to the
            national welfare, safety, or security of the United
            States.]
      (i) The Attorney General may, in the discretion of the
    Attorney General, waive the application of clause (i) of
    subsection (a)(6)(C)--
              (1) in the case of an immigrant who is the spouse,
            son, or daughter of a United States citizen; or
              (2) in the case of an immigrant who is the spouse or
            son or daughter of an alien lawfully admitted for
            permanent residence, if it is established to the
            satisfaction of the Attorney General that the refusal
            of admission to the United States of such immigrant
            alien would result in extreme hardship to the lawfully
            resident spouse or parent of such an alien.
        (j)(1) The additional requirements referred to in section
    101(a)(15)(J) for an alien who is coming to the United States
    under a program under which he will receive graduate medical
    education or training are as follows:
              (A)  * * *
              * * * * * * *
              (D) The duration of the alien's participation in the
            program of graduate medical education or training for
            which the alien is coming to the United States is
            limited to the time typically required to complete such
            program, as determined by the Director of the United
            States Information Agency at the time of the alien's
            [entry] admission into the United States, based on
            criteria which are established in coordination with the
            Secretary of Health and Human Services and which take
            into consideration the published requirements of the
            medical specialty board which administers such
            education or training program; except that--
                      (i) such duration is further limited to seven
                    years unless the alien has demonstrated to the
                    satisfaction of the Director that the country
                    to which the alien will return at the end of
                    such specialty education or training has an
                    exceptional need for an individual trained in
                    such specialty, and
                      (ii) the alien may, once and not later than
                    two years after the date the alien [enters] is
                    admitted to the United States as an exchange
                    visitor or acquires exchange visitor status,
                    change the alien's designated program of
                    graduate medical education or training if the
                    Director approves the change and if a
                    commitment and written assurance with respect
                    to the alien's new program have been provided
                    in accordance with subparagraph (C).
              * * * * * * *
        (k) Any alien, [excludable] inadmissible from the United
    States under paragraph (5)(A) or (7)(A)(i) of subsection (a),
    who is in possession of an immigrant visa may, if otherwise
    admissible, be admitted in the discretion of the Attorney
    General if the Attorney General is satisfied that [exclusion]
    inadmissibility was not known to, and could not have been
    ascertained by the exercise of reasonable diligence by, the
    immigrant before the time of departure of the vessel or
    aircraft from the last port outside the United States and
    outside foreign contiguous territory or, in the case of an
    immigrant coming from foreign contiguous territory, before the
    time of the immigrant's application for admission.
        (l)(1)  * * *
        (2) An alien may not be provided a waiver under this
    subsection unless the alien has waived any right--
              (A) to review or appeal under this Act of an
            immigration officer's determination as to the
            admissibility of the alien at the port of entry into
            Guam, or
              (B) to contest, other than on the basis of an
            application for asylum, any action for [deportation
            against] removal of the alien.
              * * * * * * *
        (n)(1) No alien may be admitted or provided status as a
    nonimmigrant described in section 101(a)(15)(H)(i)(b) (in this
    subsection referred to as an ``H-1B nonimmigrant'') in an
    occupational classification unless the employer has filed with
    the Secretary of Labor an application stating the following:
              (A) The employer--
                      (i) is offering and will offer during the
                    period of authorized employment to aliens
                    admitted or provided status as a [nonimmigrant
                    described in section 101(a)(15)(H)(i)(b)] H-1B
                    nonimmigrant wages that are at least--
                              (I)  * * *
              * * * * * * *
              (E)(i) If the employer, within the period beginning 6
            months before and ending 90 days following the date of
            filing of the application or during the 90 days
            immediately preceding and following the date of filing
            of any visa petition supported by the application, has
            laid off or lays off any protected individual with
            substantially equivalent qualifications and experience
            in the specific employment as to which the nonimmigrant
            is sought or is employed, the employer will pay a wage
            to the nonimmigrant that is at least 110 percent of the
            arithmetic mean of the last wage earned by all such
            laid off individuals (or, if greater, at least 110
            percent of the arithmetic mean of the highest wage
            earned by all such laid off individuals within the most
            recent year if the employer reduced the wage of any
            such laid off individual during such year other than in
            accordance with a general company-wide reduction of
            wages for substantially all employees).
              (ii) Except as provided in clause (iii), in the case
            of an H-1B-dependent employer which employs an H-1B
            nonimmigrant, the employer shall not place the
            nonimmigrant with another employer where--
                      (I) the nonimmigrant performs his or her
                    duties in whole or in part at one or more
                    worksites owned, operated, or controlled by
                    such other employer, and
                      (II) there are indicia of an employment
                    relationship between the nonimmigrant and such
                    other employer.
              (iii) Clause (ii) shall not apply to an employer's
            placement of an H-1B nonimmigrant with another employer
            if--
                      (I) the other employer has executed an
                    attestation that it, within the period
                    beginning 6 months before and ending 90 days
                    following the date of filing of the application
                    or during the 90 days immediately preceding and
                    following the date of filing of any visa
                    petition supported by the application, has not
                    laid off and will not lay off any protected
                    individual with substantially equivalent
                    qualifications and experience in the specific
                    employment as to which the H-1B nonimmigrant is
                    being sought or is employed, or
                      (II) the employer pays a wage to the
                    nonimmigrant that is at least 110 percent of
                    the arithmetic mean of the last wage earned by
                    all such laid off individuals (or, if greater,
                    at least 110 percent of the arithmetic mean of
                    the highest wage earned by all such laid off
                    individuals within the most recent year if the
                    other employer reduced the wage of any such
                    laid off individual during such year other than
                    in accordance with a general company-wide
                    reduction of wages for substantially all
                    employees).
              (iv) For purposes of this subparagraph, the term
            ``laid off'', with respect to an individual--
                      (I) refers to the individual's loss of
                    employment, other than a discharge for
                    inadequate performance, cause, voluntary
                    departure, or retirement, and
                      (II) does not include any situation in which
                    the individual involved is offered, as an
                    alternative to such loss of employment, a
                    similar job opportunity with the same employer
                    (or with the H-1B-dependent employer described
                    in clause (ii)) carrying equivalent or higher
                    compensation and benefits as the position from
                    which the employee was laid off, regardless of
                    whether or not the employee accepts the offer.
              (v) For purposes of this subparagraph, the term
            ``protected individual'' means an individual who--
                      (I) is a citizen or national of the United
                    States, or
                      (II) is an alien who is lawfully admitted for
                    permanent residence, is granted the status of
                    an alien lawfully admitted for temporary
                    residence under section 210(a), 210A(a), or
                    245(a)(1), is admitted as a refugee under
                    section 207, or is granted asylum under section
                    208.
              * * * * * * *
        (2)(A) The Secretary shall establish a process for the
    receipt, investigation, and disposition of complaints
    respecting a petitioner's failure to meet a condition specified
    in an application submitted under paragraph (1) or a
    petitioner's misrepresentation of material facts in such an
    application. Complaints may be filed by any aggrieved person or
    organization (including bargaining representatives), except
    that the Secretary may only file such a complaint in the case
    of an H-1B-dependent employer (as defined in subparagraph (E))
    or when conducting an annual review of a plan pursuant to
    subparagraph (F)(i) if there appears to be a violation of an
    attestation or a misrepresentation of a material fact in an
    application. No investigation or hearing shall be conducted
    with respect to a non-H-1B-dependent employer except in
    response to a complaint filed under the previous sentence. No
    investigation or hearing shall be conducted on a complaint
    concerning such a failure or misrepresentation unless the
    complaint was filed not later than 12 months after the date of
    the failure or misrepresentation, respectively. The Secretary
    shall conduct an investigation under this paragraph if there is
    reasonable cause to believe that such a failure or
    misrepresentation has occurred.
              * * * * * * *
        (C) If the Secretary finds, after notice and opportunity
    for a hearing, a failure to meet a condition of paragraph
    (1)(B) or (1)(E), a substantial failure to meet a condition of
    paragraphs (1)(C) or (1)(D), a willful failure to meet a
    condition of paragraph (1)(A), or a misrepresentation of
    material fact in an application--
              (i) the Secretary shall notify the Attorney General
            of such finding and may, in addition, impose such other
            administrative remedies (including civil monetary
            penalties in an amount not to exceed [$1,000] $5,000
            per violation) as the Secretary determines to be
            appropriate, and
              [(ii) the Attorney General shall not approve
            petitions filed with respect to that employer under
            section 204 or 214(c) during a period of at least 1
            year for aliens to be employed by the employer.]
              (ii) the Attorney General shall not approve petitions
            filed with respect to that employer (or any employer
            who is a successor in interest) under section 204 or
            214(c) for aliens to be employed by the employer--
                      (I) during a period of at least 1 year in the
                    case of the first determination of a violation
                    or any subsequent determination of a violation
                    occurring within 1 year of that first violation
                    or any subsequent determination of a nonwillful
                    violation occurring more than 1 year after the
                    first violation;
                      (II) during a period of at least 5 years in
                    the case of a determination of a willful
                    violation occurring more than 1 year after the
                    first violation; and
                      (III) at any time in the case of a
                    determination of a willful violation occurring
                    more than 5 years after a violation described
                    in subclause (II).
        (D) If the Secretary finds, after notice and opportunity
    for a hearing, that an employer has not paid wages at the wage
    level specified under the application and required under
    paragraph (1), the Secretary shall order the employer to
    provide for payment of such amounts of back pay as may be
    required to comply with the requirements of paragraph (1),
    whether or not a penalty under subparagraph (C) has been
    imposed. If a penalty under subparagraph (C) has been imposed
    in the case of a willful violation, the Secretary shall impose
    on the employer a civil monetary penalty in an amount equalling
    twice the amount of backpay.
      (E) In this subsection, the term ``H-1B-dependent employer''
    means an employer that--
              (i)(I) has fewer than 21 full-time equivalent
            employees who are employed in the United States, and
            (II) employs 4 or more H-1B nonimmigrants; or
              (ii)(I) has at least 21 but not more than 150 full-
            time equivalent employees who are employed in the
            United States, and (II) employs H-1B nonimmigrants in a
            number that is equal to at least 20 percent of the
            number of such full-time equivalent employees; or
              (iii)(I) has at least 151 full-time equivalent
            employees who are employed in the United States, and
            (II) employs H-1B nonimmigrants in a number that is
            equal to at least 15 percent of the number of such
            full-time equivalent employees.
    In applying this subparagraph, any group treated as a single
    employer under subsection (b), (c), (m), or (o) of section 414
    of the Internal Revenue Code of 1986 shall be treated as a
    single employer. Aliens employed under a petition for H-1B
    nonimmigrants shall be treated as employees, and counted as
    nonimmigrants under section 101(a)(15)(H)(i)(b) under this
    subparagraph. In this subsection, the term ``non-H-1B-dependent
    employer'' means an employer that is not an H-1B-dependent
    employer.
      (F)(i) An employer who is an H-1B-dependent employer as
    defined in subparagraph (E) can nevertheless be treated as a
    non-H-1B-dependent employer for five years on a probationary
    status if--
              (I) the employer has demonstrated to the satisfaction
            of the Secretary of Labor that it has developed a
            reasonable plan for reducing its use of H-1B
            nonimmigrants over a five-year period to the level of a
            non-H-1B-dependent employer, and
              (II) annual reviews of that plan by the Secretary of
            Labor indicate successful implementation of that plan.
    If the employer has not met the requirements established in
    this clause, the probationary status ends and the employer
    shall be treated as an H-1B-dependent employer until such time
    as the employer can prove to the Secretary of Labor that it no
    longer is an H-1B-dependent employer as defined in subparagraph
    (E).
      (ii) The probationary program set out in clause (i) shall be
    effective for no longer than five years after the date of the
    enactment of this subparagraph.
      (G) Under regulations of the Secretary, the previous
    provisions of this paragraph shall apply to complaints
    respecting a failure of an other employer to comply with an
    attestation described in paragraph (1)(E)(iii)(I) in the same
    manner that they apply to complaints with respect to a failure
    to comply with a condition described in paragraph (1)(E)(i).
      (3) For purposes of determining the actual wage level paid
    under paragraph (1)(A)(i)(I), an employer shall not be required
    to have and document an objective system to determine the wages
    of workers.
      (4) For purposes of determining the actual wage level paid
    under paragraph (1)(A)(i)(I), a non-H-1B-dependent employer of
    more than 1,000 full-time equivalent employees in the United
    States may demonstrate that in determining the wages of H-1B
    nonimmigrants, it utilizes a compensation and benefits system
    that has been previously certified by the Secretary of Labor
    (and recertified at such intervals the Secretary of Labor may
    designate) to satisfy all of the following conditions:
              (A) The employer has a company-wide compensation
            policy for its full-time equivalent employees which
            ensures salary equity among employees similarly
            employed.
              (B) The employer has a company-wide benefits policy
            under which all full-time equivalent employees
            similarly employed are eligible for substantially the
            same benefits or under which some employees may accept
            higher pay, at least equal in value to the benefits, in
            lieu of benefits.
              (C) The compensation and benefits policy is
            communicated to all employees.
              (D) The employer has a human resources or
            compensation function that administers its compensation
            system.
              (E) The employer has established documentation for
            the job categories in question.
    An employer's payment of wages consistent with a system which
    meets the conditions of subparagraphs (A) through (E) of this
    paragraph which has been certified by the Secretary of Labor
    pursuant to this paragraph shall be deemed to satisfy the
    requirements of paragraph (1)(A)(i)(I).
      (5) For purposes of determining the prevailing wage level
    paid under paragraph (1)(A)(i)(II), employers may provide a
    published survey, a State Employment Security Agency
    determination, a determination by an accepted private source,
    or any other legitimate source. The Secretary of Labor shall,
    not later than 180 days from the date of enactment of this
    paragraph, provide for acceptance of prevailing wage
    determinations not made by a State Employment Security Agency.
    The Secretary of Labor or the Secretary's designate must either
    accept such a non-State Employment Security Agency wage
    determination or issue a written decision rejecting the
    determination and detailing the legitimate reasons that the
    determination is not acceptable. If a detailed rejection is not
    issued within 45 days of the date of the Secretary's receipt of
    such determination, the determination will be deemed accepted.
    An employer's payment of wages consistent with a prevailing
    wage determination not rejected by the Secretary of Labor under
    this paragraph shall be deemed to satisfy the requirements of
    paragraph (1)(A)(i)(II).
      (6) In carrying out this subsection in the case of an
    employer that is a non-H-1B-dependent employer--
              (A) the employer is not required to post a notice at
            a worksite that was not listed on the application under
            paragraph (1) if the worksite is within the area of
            intended employment listed on such application for such
            nonimmigrant; and
              (B) if the employer has filed and had certified an
            application under paragraph (1) with respect to one or
            more H-1B nonimmigrants for one or more areas of
            employment--
                      (i) the employer is not required to file and
                    have certified an additional application under
                    paragraph (1) with respect to such a
                    nonimmigrant for an area of employment not
                    listed in the previous application because the
                    employer has placed one or more such
                    nonimmigrants in such a nonlisted area so long
                    as either (I) each such nonimmigrant is not
                    placed in such nonlisted areas for a period
                    exceeding 45 workdays in any 12-month period
                    and not to exceed 90 workdays in any 36-month
                    period, or (II) each such nonimmigrant's
                    principal place of employment has not changed
                    to a nonlisted area, and
                      (ii) the employer is not required to pay per
                    diem and transportation costs at any specified
                    rates for work performed in such a nonlisted
                    area.
      (7) In computing the prevailing wage level for an
    occupational classification in an area of employment for
    purposes of paragraph (1)(A)(i)(II) and subsection (a)(5)(A) in
    the case of an employee of (A) an institution of higher
    education (as defined in section 1201(a) of the Higher
    Education Act of 1965), or a related or affiliated nonprofit
    entity, or (B) a nonprofit scientific research organization,
    the prevailing wage level shall only take into account
    employees at such institutions and entities in the area of
    employment.
      [(o) An alien who has been physically present in the United
    States shall not be eligible to receive an immigrant visa
    within ninety days following departure therefrom unless--
              [(1) the alien was maintaining a lawful nonimmigrant
            status at the time of such departure, or
              [(2) the alien is the spouse or unmarried child of an
            individual who obtained temporary or permanent resident
            status under section 210 or 245A of the Immigration and
            Nationality Act or section 202 of the Immigration
            Reform and Control Act of 1986 at any date, who--
                      [(A) as of May 5, 1988, was the unmarried
                    child or spouse of the individual who obtained
                    temporary or permanent resident status under
                    section 210 or 245A of the Immigration and
                    Nationality Act or section 202 of the
                    Immigration Reform and Control Act of 1986;
                      [(B) entered the United States before May 5,
                    1988, resided in the United States on May 5,
                    1988, and is not a lawful permanent resident;
                    and
                      [(C) applied for benefits under section
                    301(a) of the Immigration Act of 1990.]
              * * * * * * *

                   admission of certain aliens on giving bond

        Sec. 213. An alien [excludable] inadmissible under
    paragraph (4) of section 212(a) may, if otherwise admissible,
    be admitted in the discretion of the Attorney General upon the
    giving of a suitable and proper bond or undertaking approved by
    the Attorney General, in such amount and containing such
    conditions as he may prescribe, to the United States, and to
    all States, territories, counties, towns, municipalities, and
    districts thereof holding the United States and all States,
    territories, counties, towns, municipalities, and districts
    thereof harmless against such alien becoming a public charge.
    Such bond or undertaking shall terminate upon the permanent
    departure from the United States, the naturalization, or the
    death of such alien, and any sums or other security held to
    secure performance thereof, except to the extent forfeited for
    violation of the terms thereof, shall be returned to the person
    by whom furnished, or to his legal representatives. Suit may be
    brought thereon in the name and by the proper law officers of
    the United States for the use of the United States, or of any
    State, territory, district, county, town, or municipality in
    which such alien becomes a public charge, irrespective of
    whether a demand for payment of public expenses has been made.

                requirements for sponsor's affidavit of support

      Sec. 213A. (a) Enforceability.--(1) No affidavit of support
    may be accepted by the Attorney General or by any consular
    officer to establish that an alien is not inadmissible as a
    public charge under section 212(a)(4) unless such affidavit is
    executed by a sponsor of the alien as a contract--
              (A) that is legally enforceable against the sponsor
            by the Federal Government and by any State (or any
            political subdivision of such State) that provides any
            means-tested public benefits program, subject to
            subsection (b)(4); and
              (B) in which the sponsor agrees to submit to the
            jurisdiction of any Federal or State court for the
            purpose of actions brought under subsection (b)(2).
      (2)(A) An affidavit of support shall be enforceable with
    respect to benefits provided under any means-tested public
    benefits program for an alien who is admitted to the United
    States as the parent of a United States citizen under section
    203(a)(2) until the alien is naturalized as a citizen of the
    United States.
      (B) An affidavit of support shall be enforceable with respect
    to benefits provided under any means-tested public benefits
    program for an alien who is admitted to the United States as
    the spouse of a United States citizen or lawful permanent
    resident under section 201(b)(2) or 203(a)(2) until--
              (i) 7 years after the date the alien is lawfully
            admitted to the United States for permanent residence,
            or
              (ii) such time as the alien is naturalized as a
            citizen of the United States,

    whichever occurs first.
      (C) An affidavit of support shall be enforceable with respect
    to benefits provided under any means-tested public benefits
    program for an alien who is admitted to the United States as
    the minor child of a United States citizen or lawful permanent
    resident under section 201(b)(2) or section 203(a)(2) until the
    child attains the age of 21 years.
      (D)(i) Notwithstanding any other provision of this
    subparagraph, a sponsor shall be relieved of any liability
    under an affidavit of support if the sponsored alien is
    employed for a period sufficient to qualify for old age
    benefits under title II of the Social Security Act and the
    sponsor or alien is able to prove to the satisfaction of the
    Attorney General that the alien so qualifies.
      (ii) The Attorney General shall ensure that appropriate
    information pursuant to clause (i) is provided to the System
    for Alien Verification of Eligibility (SAVE).
      (b) Reimbursement of Government Expenses.--(1)(A) Upon
    notification that a sponsored alien has received any benefit
    under any means-tested public benefits program, the appropriate
    Federal, State, or local official shall request reimbursement
    by the sponsor in the amount of such assistance.
      (B) The Attorney General, in consultation with the Secretary
    of Health and Human Services, shall prescribe such regulations
    as may be necessary to carry out subparagraph (A).
      (2) If within 45 days after requesting reimbursement, the
    appropriate Federal, State, or local agency has not received a
    response from the sponsor indicating a willingness to commence
    payments, an action may be brought against the sponsor pursuant
    to the affidavit of support.
      (3) If the sponsor fails to abide by the repayment terms
    established by such agency, the agency may, within 60 days of
    such failure, bring an action against the sponsor pursuant to
    the affidavit of support.
      (4) No cause of action may be brought under this subsection
    later than 10 years after the alien last received any benefit
    under any means-tested public benefits program.
      (5) If, pursuant to the terms of this subsection, a Federal,
    State, or local agency requests reimbursement from the sponsor
    in the amount of assistance provided, or brings an action
    against the sponsor pursuant to the affidavit of support, the
    appropriate agency may appoint or hire an individual or other
    person to act on behalf of such agency acting under the
    authority of law for purposes of collecting any moneys owed.
    Nothing in this subsection shall preclude any appropriate
    Federal, State, or local agency from directly requesting
    reimbursement from a sponsor for the amount of assistance
    provided, or from bringing an action against a sponsor pursuant
    to an affidavit of support.
      (c) Remedies.--Remedies available to enforce an affidavit of
    support under this section include any or all of the remedies
    described in section 3201, 3203, 3204, or 3205 of title 28,
    United States Code, as well as an order for specific
    performance and payment of legal fees and other costs of
    collection, and include corresponding remedies available under
    State law. A Federal agency may seek to collect amounts owed
    under this section in accordance with the provisions of
    subchapter II of chapter 37 of title 31, United States Code.
      (d) Notification of Change of Address.--(1) The sponsor of an
    alien shall notify the Federal Government and the State in
    which the sponsored alien is currently residing within 30 days
    of any change of address of the sponsor during the period
    specified in subsection (a)(1).
      (2) Any person subject to the requirement of paragraph (1)
    who fails to satisfy such requirement shall be subject to a
    civil penalty of--
              (A) not less than $250 or more than $2,000, or
              (B) if such failure occurs with knowledge that the
            sponsored alien has received any benefit under any
            means-tested public benefits program, not less than
            $2,000 or more than $5,000.
      (e) Definitions.--For the purposes of this section--
              (1) Sponsor.--The term ``sponsor'' means, with
            respect to an alien, an individual who--
                      (A) is a citizen or national of the United
                    States or an alien who is lawfully admitted to
                    the United States for permanent residence;
                      (B) is 18 years of age or over;
                      (C) is domiciled in any State;
                      (D) demonstrates, through presentation of a
                    certified copy of a tax return or otherwise,
                    (i) the means to maintain an annual income
                    equal to at least 200 percent of the poverty
                    level for the individual and the individual's
                    family (including the alien and any other
                    aliens with respect to whom the individual is a
                    sponsor), or (ii) for an individual who is on
                    active duty (other than active duty for
                    training) in the Armed Forces of the United
                    States, the means to maintain an annual income
                    equal to at least 100 percent of the poverty
                    level for the individual and the individual's
                    family including the alien and any other aliens
                    with respect to whom the individual is a
                    sponsor); and
                      (E) is petitioning for the admission of the
                    alien under section 204 (or is an individual
                    who accepts joint and several liability with
                    the petitioner).
              (2) Federal poverty line.--The term ``Federal poverty
            line'' means the income official poverty line (as
            defined in section 673(2) of the Community Services
            Block Grant Act) that is applicable to a family of the
            size involved.
              (3) Means-tested public benefits program.--The term
            ``means-tested public benefits program'' means a
            program of public benefits (including cash, medical,
            housing, and food assistance and social services) of
            the Federal Government or of a State or political
            subdivision of a State in which the eligibility of an
            individual, household, or family eligibility unit for
            benefits under the program, or the amount of such
            benefits, or both are determined on the basis of
            income, resources, or financial need of the individual,
            household, or unit.

                           admission of nonimmigrants

        Sec. 214. (a)  * * *
              * * * * * * *
        (c)(1)  * * *
        (2)(A) The Attorney General shall provide for a procedure
    under which an importing employer which meets requirements
    established by the Attorney General may file a blanket petition
    to import aliens as nonimmigrants described in section
    101(a)(15)(L) instead of filing individual petitions under
    paragraph (1) to import such aliens. Such procedure shall
    permit the expedited processing of visas for [entry] admission
    of aliens covered under such a petition.
              * * * * * * *
          (5)(A)  * * *
      (B) In the case of an alien who [enters] is admitted to the
    United States in nonimmigrant status under section
    101(a)(15)(O) or 101(a)(15)(P) and whose employment terminates
    for reasons other than voluntary resignation, the employer
    whose offer of employment formed the basis of such nonimmigrant
    status and the petitioner are jointly and severally liable for
    the reasonable cost of return transportation of the alien
    abroad. The petitioner shall provide assurance satisfactory to
    the Attorney General that the reasonable cost of that
    transportation will be provided.
              * * * * * * *
        (d) A visa shall not be issued under the provisions of
    section 101(a)(15)(K) until the consular officer has received a
    petition filed in the United States by the fiancee or fiance of
    the applying alien and approved by the Attorney General. The
    petition shall be in such form and contain such information as
    the Attorney General shall, by regulation, prescribe. It shall
    be approved only after satisfactory evidence is submitted by
    the petitioner to establish that the parties have previously
    met in person within 2 years before the date of filing the
    petition, have a bona fide intention to marry, and are legally
    able and actually willing to conclude a valid marriage in the
    United States within a period of ninety days after the alien's
    arrival, except that the Attorney General in his discretion may
    waive the requirement that the parties have previously met in
    person. In the event the marriage with the petitioner does not
    occur within three months after the [entry] admission of the
    said alien and minor children, they shall be required to depart
    from the United States and upon failure to do so shall be
    [deported] removed in accordance with sections [242] 240 and
    [243] 241.
              * * * * * * *
        (f)(1) Except as provided in paragraph (3), no alien shall
    be entitled to nonimmigrant status described in section
    101(a)(15)(D) if the alien intends to land for the purpose of
    performing service on board a vessel of the United States (as
    defined in section 2101(46) of title 46, United States Code) or
    on an aircraft of an air carrier (as defined in [section 101(3)
    of the Federal Aviation Act of 1958] section 40102(a)(2) of
    title 49, United States Code) during a labor dispute where
    there is a strike or lockout in the bargaining unit of the
    employer in which the alien intends to perform such service.
              * * * * * * *
      [(j)] (k)(1)  * * *
              * * * * * * *
      (4) As a condition for the admission, and continued stay in
    lawful status, of such a nonimmigrant, the nonimmigrant--
              (A)  * * *
              * * * * * * *
              (C) must have executed a form that waives the
            nonimmigrant's right to contest, other than on the
            basis of an application for withholding of
            [deportation] removal, any action for [deportation]
            removal of the alien instituted before the alien
            obtains lawful permanent resident status; and
              * * * * * * *
      [(k)] (l)(1)  * * *
              * * * * * * *
      (3) Notwithstanding any other provision of this subsection,
    the two-year foreign residence requirement under section 212(e)
    shall apply with respect to an alien described in clause (iii)
    of that section[, who has not otherwise been accorded status
    under section 101(a)(27)(H),] if at any time the alien
    practices medicine in an area other than an area described in
    paragraph (1)(C).
              * * * * * * *

      conditional permanent resident status for certain alien spouses and
                               sons and daughters

      Sec. 216. (a)  * * *
      (b) Termination of Status if Finding that Qualifying Marriage
    Improper.--
              (1) In general.--In the case of an alien with
            permanent resident status on a conditional basis under
            subsection (a), if the Attorney General determines,
            before the second anniversary of the alien's obtaining
            the status of lawful admission for permanent residence,
            that--
                      (A) the qualifying marriage--
                              (i) was entered into for the purpose
                            of procuring an alien's [entry]
                            admission as an immigrant, or
                              (ii) has been judicially annulled or
                            terminated, other than through the
                            death of a spouse; or
              * * * * * * *
              (2) Hearing in [deportation] removal proceeding.--Any
            alien whose permanent resident status is terminated
            under paragraph (1) may request a review of such
            determination in a proceeding to [deport] remove the
            alien. In such proceeding, the burden of proof shall be
            on the Attorney General to establish, by a
            preponderance of the evidence, that a condition
            described in paragraph (1) is met.
      (c) Requirements of Timely Petition and Interview for Removal
    of Condition.--
              (1)  * * *
              (2) Termination of permanent resident status for
            failure to file petition or have personal interview.--
                      (A)  * * *
                      (B) Hearing in [deportation] removal
                    proceeding.--In any [deportation] removal
                    proceeding with respect to an alien whose
                    permanent resident status is terminated under
                    subparagraph (A), the burden of proof shall be
                    on the alien to establish compliance with the
                    conditions of paragraphs (1)(A) and (1)(B).
              (3) Determination after petition and interview.--
                      (A)  * * *
              * * * * * * *
                      (D) Hearing in [deportation] removal
                    proceeding.--Any alien whose permanent resident
                    status is terminated under subparagraph (C) may
                    request a review of such determination in a
                    proceeding to [deport] remove the alien. In
                    such proceeding, the burden of proof shall be
                    on the Attorney General to establish, by a
                    preponderance of the evidence, that the facts
                    and information described in subsection (d)(1)
                    and alleged in the petition are not true with
                    respect to the qualifying marriage.
              (4) Hardship waiver.--The Attorney General, in the
            Attorney General's discretion, may remove the
            conditional basis of the permanent resident status for
            an alien who fails to meet the requirements of
            paragraph (1) if the alien demonstrates that--
                      (A) extreme hardship would result if such
                    alien is [deported] removed,
              * * * * * * *
      (d) Details of Petition and Interview.--
              (1) Contents of petition.--Each petition under
            subsection (c)(1)(A) shall contain the following facts
            and information:
                      (A) Statement of proper marriage and
                    petitioning process.--The facts are that--
                              (i) the qualifying marriage--
                                      (I) was entered into in
                                    accordance with the laws of the
                                    place where the marriage took
                                    place,
                                      (II) has not been judicially
                                    annulled or terminated, other
                                    than through the death of a
                                    spouse, and
                                      (III) was not entered into
                                    for the purpose of procuring an
                                    alien's [entry] admission as an
                                    immigrant; and
              * * * * * * *
              (2) Period for filing petition.--
                      (A) 90-day period before second
                    anniversary.--Except as provided in
                    subparagraph (B), the petition under subsection
                    (c)(1)(A) must be filed during the 90-day
                    period before the second anniversary of the
                    alien's obtaining the status of lawful
                    admission for permanent residence.
                      (B) Date petitions for good cause.--Such a
                    petition may be considered if filed after such
                    date, but only if the alien establishes to the
                    satisfaction of the Attorney General good cause
                    and extenuating circumstances for failure to
                    file the petition during the period described
                    in subparagraph (A).
                      (C) Filing of petitions during [deportation]
                    removal.--In the case of an alien who is the
                    subject of [deportation] removal hearings as a
                    result of failure to file a petition on a
                    timely basis in accordance with subparagraph
                    (A), the Attorney General may stay such
                    [deportation] removal proceedings against an
                    alien pending the filing of the petition under
                    subparagraph (B).
              * * * * * * *
      (f) Treatment of Certain Waivers.--In the case of an alien
    who has permanent residence status on a conditional basis under
    this section, if, in order to obtain such status, the alien
    obtained a waiver under subsection (h) or (i) of section 212 of
    certain grounds of [exclusion] inadmissibility, such waiver
    terminates upon the termination of such permanent residence
    status under this section.
      (g) Definitions.--In this section:
              (1) The term ``alien spouse'' means an alien who
            obtains the status of an alien lawfully admitted for
            permanent residence (whether on a conditional basis or
            otherwise)--
                      (A) as [an immediate relative (described in
                    section 201(b)) as the spouse of a citizen of
                    the United States] the spouse of a citizen of
                    the United States (described in section
                    201(b)),
                      (B) under section 214(d) as the fiancee or
                    fiance of a citizen of the United States, or
                      (C) under section 203(a)[(2)](1) as the
                    spouse of an alien lawfully admitted for
                    permanent residence,

            by virtue of a marriage which was entered into less
            than 24 months before the date the alien obtains such
            status by virtue of such marriage, but does not include
            such an alien who only obtains such status as a result
            of section [203(d)] 203(e).
              (2) The term ``alien son or daughter'' means an alien
            who obtains the status of an alien lawfully admitted
            for permanent residence (whether on a conditional basis
            or otherwise) by virtue of being the son or daughter of
            an individual through a qualifying marriage.
              (3) The term ``qualifying marriage'' means the
            marriage described to in paragraph (1).
              (4) The term ``petitioning spouse'' means the spouse
            of a qualifying marriage, other than the alien.

    conditional permanent resident status for certain alien entrepreneurs,
                             spouses, and children

      Sec. 216A. (a)  * * *
      (b) Termination of Status if Finding that Qualifying
    Entrepreneurship Improper.--
              (1) In general.--In the case of an alien entrepreneur
            with permanent resident status on a conditional basis
            under subsection (a), if the Attorney General
            determines, before the second anniversary of the
            alien's obtaining the status of lawful admission for
            permanent residence, that--
                      (A) the establishment of the commercial
                    enterprise was intended solely as a means of
                    evading the immigration laws of the United
                    States,
                      (B)(i) a commercial enterprise was not
                    established by the alien,
                      [(ii) the alien did not invest or was not
                    actively in the process of investing the
                    requisite capital; or]
                      (ii) subject to paragraph (3), the alien did
                    not invest (and maintain investment of) the
                    requisite capital, or did not employ the
                    requisite number of employees, throughout
                    substantially the entire period since the
                    alien's admission; or
                      (iii) the alien was not sustaining the
                    actions described in clause (i) or (ii)
                    throughout the period of the alien's residence
                    in the United States, or
                      (C) the alien was otherwise not conforming to
                    the requirements of section 203(b)(5),

            then the Attorney General shall so notify the alien
            involved and, subject to paragraph (2), shall terminate
            the permanent resident status of the alien (and the
            alien spouse and alien child) involved as of the date
            of the determination.
              (2) Hearing in [deportation] removal proceeding.--Any
            alien whose permanent resident status is terminated
            under paragraph (1) may request a review of such
            determination in a proceeding to deport the alien. In
            such proceeding, the burden of proof shall be on the
            Attorney General to establish, by a preponderance of
            the evidence, that a condition described in paragraph
            (1) is met.
              (3) Exceptions.--
                      (A) Good faith exception.--Paragraph
                    (1)(B)(ii) shall not apply to an alien to the
                    extent that the alien continues to attempt in
                    good faith throughout the period since
                    admission to invest (and maintain investment
                    of) the requisite capital, and to employ the
                    requisite number of employees, but was unable
                    to do so due to circumstances for which the
                    alien should not justly be held responsible.
                      (B) Extension.--In the case of an alien to
                    whom the exception under subparagraph (A)
                    applies, the application period under
                    subsection (d)(2) (and period for termination
                    under paragraph (1)) shall be extended (for up
                    to 3 additional years) by such additional
                    period as may be necessary to enable the alien
                    to have had the requisite capital and number of
                    employees throughout a 2-year period. Such
                    extension shall terminate at any time at which
                    the Attorney General finds that the alien has
                    not continued to attempt in good faith to
                    invest such capital and employ such employees.
      (c) Requirements of Timely Petition and Interview for Removal
    of Condition.--
              (1)  * * *
              (2) Termination of permanent resident status for
            failure to file petition or have personal interview.--
                      (A)  * * *
                      (B) Hearing in [deportation] removal
                    proceeding.--In any [deportation] removal
                    proceeding with respect to an alien whose
                    permanent resident status is terminated under
                    subparagraph (A), the burden of proof shall be
                    on the alien to establish compliance with the
                    conditions of paragraphs (1)(A) and (1)(B).
              (3) Determination after petition and interview.--
                      (A)  * * *
              * * * * * * *
                      (D) Hearing in [deportation] removal
                    proceeding.--Any alien whose permanent resident
                    status is terminated under subparagraph (C) may
                    request a review of such determination in a
                    proceeding to [deport] remove the alien. In
                    such proceeding, the burden of proof shall be
                    on the Attorney General to establish, by a
                    preponderance of the evidence, that the facts
                    and information described in subsection (d)(1)
                    and alleged in the petition are not true with
                    respect to the qualifying commercial
                    enterprise.
      (d) Details of Petition and Interview.--
              (1)  * * *
              (2) Period for filing petition.--
                      (A)  * * *
              * * * * * * *
                      (C) Filing of petitions during [deportation]
                    removal.--In the case of an alien who is the
                    subject of [deportation] removal hearings as a
                    result of failure to file a petition on a
                    timely basis in accordance with subparagraph
                    (A), the Attorney General may stay such
                    [deportation] removal proceedings against an
                    alien pending the filing of the petition under
                    subparagraph (B).
              * * * * * * *
      (f) Definitions.--In this section:
              (1) The term ``alien entrepreneur'' means an alien
            who obtains the status of an alien lawfully admitted
            for permanent residence (whether on a conditional basis
            or otherwise) under section 203(b)[(5)](4).
              * * * * * * *

      conditional permanent resident status for certain foreign language
                                    teachers

      Sec. 216B. (a) In General.--Subject to the succeeding
    provisions of this section, section 216A shall apply to an
    alien foreign language teacher (as defined in subsection
    (d)(1)) and to an alien spouse or alien child (as defined in
    subsection (d)(2)) in the same manner as such section applies
    to an alien entrepreneur and an alien spouse or alien child.
      (b) Timing for Petition.--
              (1) In general.--In applying section 216A under
            subsection (a), any reference to a ``second anniversary
            of an alien's lawful admission for permanent
            residence'' is deemed a reference to the end of the
            time period described in paragraph (2).
              (2) Time period for determination.--The time period
            described in this paragraph is 5 years less the period
            of experience, during the 5-year period ending on the
            date the alien foreign language teacher obtains
            permanent resident status, of teaching a language
            (other than English) full-time at an accredited
            elementary or middle school.
      (c) Requirement for Total of 5 Years' Teaching Experience.--
    In applying section 216A under subsection (a), the
    determination of the Attorney General under section 216A(b)(1)
    shall be whether (and the facts and information under section
    216A(d)(1) shall demonstrate that) the alien has been employed
    on a substantially full-time basis as a foreign language
    teacher at an accredited elementary or middle school in the
    United States during the period since obtaining permanent
    residence status (instead of the determinations described in
    section 216A(b)(1) and of the facts and information described
    in section 216A(d)(1)).
      (d) Definitions.--In this section:
              (1) The term ``alien foreign language teacher'' means
            an alien who obtains the status of an alien lawfully
            admitted for permanent residence (whether on a
            conditional basis or otherwise) under section
            203(b)(4)(C)(ii) on the basis of less than 5 years'
            teaching experience.
              (2) The term ``alien spouse'' and the term ``alien
            child'' mean an alien who obtains the status of an
            alien lawfully admitted for permanent residence
            (whether on a conditional basis or otherwise) by virtue
            of being the spouse or child, respectively, of an alien
            foreign language teacher.

                 visa waiver pilot program for certain visitors

      Sec. 217. (a)  * * *
      (b) Waiver of Rights.--An alien may not be provided a waiver
    under the pilot program unless the alien has waived any right--
              (1) to review or appeal under this Act of an
            immigration officer's determination as to the
            admissibility of the alien at the port of entry into
            the United States, or
              (2) to contest, other than on the basis of an
            application for asylum, any action for [deportation
            against] removal of the alien.
      (c) Designation of Pilot Program Countries.--
              (1)  * * *
              * * * * * * *
              (3) Continuing and subsequent qualifications.--For
            each fiscal year (within the pilot program period)
            after the initial period--
                      (A) Continuing qualification.--In the case of
                    a country which was a pilot program country in
                    the previous fiscal year, a country may not be
                    designated as a pilot program country unless
                    the sum of--
                              (i) the total of the number of
                            nationals of that country who were
                            [excluded from admission] denied
                            admission at the time of arrival or
                            withdrew their application for
                            admission during such previous fiscal
                            year as a nonimmigrant visitor, and
                              (ii) the total number of nationals of
                            that country who were admitted as
                            nonimmigrant visitors during such
                            previous fiscal year and who violated
                            the terms of such admission,

                    was less than 2 percent of the total number of
                    nationals of that country who applied for
                    admission as nonimmigrant visitors during such
                    previous fiscal year.
              * * * * * * *
      (f) Definition of Pilot Program Period.--For purposes of this
    section, the term ``pilot program period'' means the period
    beginning on October 1, 1988, and ending on September 30, 1996.
      (g) Pilot Program Country With Probationary Status.--
              (1) In general.--The Attorney General and the
            Secretary of State acting jointly may designate any
            country as a pilot program country with probationary
            status if it meets the requirements of paragraph (2).
              (2) Qualifications.--A country may not be designated
            as a pilot program country with probationary status
            unless the following requirements are met:
                      (A) Nonimmigrant visa refusal rate for
                    previous 2-year period.--The average number of
                    refusals of nonimmigrant visitor visas for
                    nationals of the country during the two
                    previous full fiscal years was less than 3.5
                    percent of the total number of nonimmigrant
                    visitor visas for nationals of that country
                    which were granted or refused during those
                    years.
                      (B) Nonimmigrant visa refusal rate for
                    previous year.--The number of refusals of
                    nonimmigrant visitor visas for nationals of the
                    country during the previous full fiscal year
                    was less than 3 percent of the total number of
                    nonimmigrant visitor visas for nationals of
                    that country which were granted or refused
                    during that year.
                      (C) Low exclusions and violations rate for
                    previous year.--The sum of--
                              (i) the total number of nationals of
                            that country who were [excluded from
                            admission] denied admission at the time
                            of arrival or withdrew their
                            application for admission during the
                            preceding fiscal year as a nonimmigrant
                            visitor, and
                              (ii) the total number of nationals of
                            that country who were admitted as
                            nonimmigrant visitors during the
                            preceding fiscal year and who violated
                            the terms of such admission,

                    was less than 1.5 percent of the total number
                    of nationals of that country who applied for
                    admission as nonimmigrant visitors during the
                    preceding fiscal year.
                      (D) Machine readable passport program.--The
                    government of the country certifies that it has
                    or is in the process of developing a program to
                    issue machine-readable passports to its
                    citizens.
              (3) Continuing and subsequent qualifications for
            pilot program countries with probationary status.--The
            designation of a country as a pilot program country
            with probationary status shall terminate if either of
            the following occurs:
                      (A) The sum of--
                              (i) the total number of nationals of
                            that country who were [excluded from
                            admission] denied admission at the time
                            of arrival or withdrew their
                            application for admission during the
                            preceding fiscal year as a nonimmigrant
                            visitor, and
                              (ii) the total number of nationals of
                            that country who were admitted as
                            visitors during the preceding fiscal
                            year and who violated the terms of such
                            admission,

                    is more than 2.0 percent of the total number of
                    nationals of that country who applied for
                    admission as nonimmigrant visitors during the
                    preceding fiscal year.
                      (B) The country is not designated as a pilot
                    program country under subsection (c) within 3
                    fiscal years of its designation as a pilot
                    program country with probationary status under
                    this subsection.'''.
              (4) Designation of pilot program countries with
            probationary status as pilot program countries.--In the
            case of a country which was a pilot program country
            with probationary status in the preceding fiscal year,
            a country may be designated by the Attorney General and
            the Secretary of State, acting jointly, as a pilot
            program country under subsection (c) if--
                      (A) the total of the number of nationals of
                    that country who were [excluded from admission]
                    denied admission at the time of arrival or
                    withdrew their application for admission during
                    the preceding fiscal year as a nonimmigrant
                    visitor, and
                      (B) the total number of nationals of that
                    country who were admitted as nonimmigrant
                    visitors during the preceding fiscal year and
                    who violated the terms of such admission,

            was less than 2 percent of the total number of
            nationals of that country who applied for admission as
            nonimmigrant visitors during such preceding fiscal
            year.
              * * * * * * *

                     Chapter 3--Issuance of Entry Documents

                               issuance of visas

      Sec. 221. (a) Under the conditions hereinafter prescribed and
    subject to the limitations prescribed in this Act or
    regulations issued thereunder, a consular officer may issue (1)
    to an immigrant who has made proper application therefor, an
    immigrant visa which shall consist of the application provided
    for in section 222, visaed by such consular officer, and shall
    specify the foreign state, if any, to which the immigrant is
    charged, the immigrant's particular status under such foreign
    state, the preference[, immediate relative,] or special
    immigrant classification to which the alien is charged, the
    date on which the validity of the visa shall expire, and such
    additional information as may be required; and (2) to a
    nonimmigrant who has made proper application therefor, a
    nonimmigrant visa, which shall specify the classification under
    section 101(a)(15) of the nonimmigrant, the period during which
    the nonimmigrant visa shall be valid, and such additional
    information as may be required.
              * * * * * * *
      (c) An immigrant visa shall be valid for such period, not
    exceeding [four months] six months, as shall be by regulations
    prescribed, except that any visa issued to a child lawfully
    adopted by a United States citizen and spouse while such
    citizen is serving abroad in the United States Armed Forces, or
    is employed abroad by the United States Government, or is
    temporarily abroad on business, shall be valid until such time,
    for a period not to exceed three years, as the adoptive citizen
    parent returns to the United States in due course of his
    service, employment, or business. A nonimmigrant visa shall be
    valid for such periods as shall be by regulations prescribed.
    In prescribing the period of validity of a nonimmigrant visa in
    the case of nationals of any foreign country who are eligible
    for such visas, the Secretary of State shall, insofar as
    practicable, accord to such nationals the same treatment upon a
    reciprocal basis as such foreign country accords to nationals
    of the United States who are within a similar class; except
    that in the case of aliens who are nationals of a foreign
    country and who either are granted refugee status and firmly
    resettled in another foreign country or are granted permanent
    residence and residing in another foreign country, the
    Secretary of State may prescribe the period of validity of such
    a visa based upon the treatment granted by that other foreign
    country to alien refugees and permanent residents,
    respectively, in the United States. An immigrant visa may be
    replaced under the original number during the fiscal year in
    which the original visa was issued for an immigrant who
    establishes to the satisfaction of the consular officer that he
    was unable to use the original immigrant visa during the period
    of its validity because of reasons beyond his control and for
    which he was not responsible: Provided, That the immigrant is
    found by the consular officer to be eligible for an immigrant
    visa and the immigrant pays again the statutory fees for an
    application and an immigrant visa.
              * * * * * * *
      (f) Each nonimmigrant shall present or surrender to the
    immigration officer at the port of entry such documents as may
    be by regulation required. In the case of an alien crewman not
    in possession of any individual documents other than a passport
    and until such time as it becomes practicable to issue
    individual documents, such alien crewman may be admitted,
    subject to the provisions of this title, if his name appears in
    the crew list of the vessel or aircraft on which he arrives and
    the crew list is visaed by a consular officer, but the consular
    officer shall have the right to [exclude] deny admission to any
    alien crewman from the crew list visa.
              * * * * * * *
      (h) Nothing in this Act shall be construed to entitle any
    alien, to whom a visa or other documentation has been issued,
    to [enter] be admitted the United States, if, upon arrival at a
    port of entry in the United States, he is found to be
    inadmissible under this Act, or any other provision of law. The
    substance of this subsection shall appear upon every visa
    application.
              * * * * * * *

                             applications for visas

      Sec. 222. (a)  * * *
              * * * * * * *
      (g) In the case of an alien who has entered and remained in
    the United States beyond the authorized period of stay, the
    alien is not eligible to be admitted to the United States as a
    nonimmigrant on the basis of a visa issued other than in a
    consular office located in the country of the alien's
    nationality (or, if there is no office in such country, at such
    other consular office as the Secretary of State shall specify).
              * * * * * * *

                [immediate relative and special immigrant visas]

       visas for spouses and children of citizens and special immigrants

      Sec. 224. A consular officer may, subject to the limitations
    provided in section 221, issue an immigrant visa to a special
    immigrant or [immediate relative] a spouse or child of a
    citizen of the United States as such upon satisfactory proof,
    under regulations prescribed under this Act, that the applicant
    is entitled to special immigrant or [immediate relative status]
    status or status as a spouse or child of a citizen of the
    United States.

            [Chapter 4--Provisions Relating to Entry and Exclusion]

       Chapter 4--Inspection, Apprehension, Examination, Exclusion, and
                                    Removal

    lists of alien and citizen passengers arriving or departing; record of
      resident aliens and citizens leaving permanently for foreign country

      Sec. 231. (a) [Upon the arrival of any person by water or by
    air at any port within the United States from any place outside
    the United States, it shall be the duty of the master or
    commanding officer, or authorized agent, owner, or consignee of
    the vessel or aircraft, having any such person on board to
    deliver to the immigration officers at the port of arrival
    typewritten or printed lists or manifests of the persons on
    board such vessel or aircraft.] In connection with the arrival
    of any person by water or by air at any port within the United
    States from any place outside the United States, it shall be
    the duty of the master or commanding officer, or authorized
    agent, owner, or consignee of the vessel or aircraft, having
    such person on board to deliver to the immigration officers at
    the port of arrival, or other place designated by the Attorney
    General, electronic, typewritten, or printed lists or manifests
    of the persons on board such vessel or aircraft. Such lists or
    manifests [shall be prepared] shall be prepared and submitted
    at such time, be in such form and shall contain such
    information as the Attorney General shall prescribe by
    regulation as being necessary for the identification of the
    persons transported and for the enforcement of the immigration
    laws. Such lists or manifests shall contain, but not be limited
    to, for each person transported, the person's full name, date
    of birth, gender, citizenship, travel document number (if
    applicable) and arriving flight number. This subsection shall
    not require the master or commanding officer, or authorized
    agent, owner, or consignee of a vessel or aircraft to furnish a
    list or manifest relating (1) to an alien crewman or (2) to any
    other person arriving by air on a trip originating in foreign
    contiguous territory, except (with respect to such arrivals by
    air) as may be required by regulations issued pursuant to
    section 239.
              * * * * * * *

             [detention of aliens for observation and examination]

            detention of aliens for physical and mental examination

      Sec. 232. (a) Detention of Aliens.--For the purpose of
    determining whether aliens (including alien crewmen) arriving
    at ports of the United States belong to any of the classes
    [excluded by] inadmissible under this Act, by reason of being
    afflicted with any of the diseases or mental or physical
    defects or disabilities set forth in section 212(a), or
    whenever the Attorney General has received information showing
    that any aliens are coming from a country or have embarked at a
    place where any of such diseases are prevalent or epidemic,
    such aliens shall be detained by the Attorney General for a
    sufficient time to enable the immigration officers and medical
    officers to subject such aliens to observation and an
    examination sufficient to determine whether or not they belong
    to [the excluded classes] inadmissible classes.
      (b) Physical and Mental Examination.--The physical and mental
    examination of arriving aliens (including alien crewmen) shall
    be made by medical officers of the United States Public Health
    Service, who shall conduct all medical examinations and shall
    certify, for the information of the immigration officers and
    the [special inquiry officers] immigration judges, any physical
    and mental defect or disease observed by such medical officers
    in any such alien. If medical officers of the United States
    Public Health Service are not available, civil surgeons of not
    less than four years' professional experience may be employed
    for such service upon such terms as may be prescribed by the
    Attorney General. Aliens (including alien crewmen) arriving at
    ports of the United States shall be examined by at least one
    such medical officer or civil surgeon under such administrative
    regulations as the Attorney General may prescribe, and under
    medical regulations prepared by the Secretary of Health and
    Human Services. Medical officers of the United States Public
    Health Service who have had special training in the diagnosis
    of insanity and mental defects shall be detailed for duty or
    employed at such ports of entry as the Attorney General may
    designate, and such medical officers shall be provided with
    suitable facilities for the detention and examination of all
    arriving aliens who it is suspected may be [excludable]
    inadmissible under paragraph (1) of section 212(a), and the
    services of interpreters shall be provided for such
    examination. Any alien certified under paragraph (1) of section
    212(a) may appeal to a board of medical officers of the United
    States Public Health Service, which shall be convened by the
    Secretary of Health and Human Services, and any such alien may
    introduce before such board one expert medical witness at his
    own cost and expense.
      (c) Certification of Certain Helpless Aliens.--If an
    examining medical officer determines that an alien arriving in
    the United States is inadmissible, is helpless from sickness,
    mental or physical disability, or infancy, and is accompanied
    by another alien whose protection or guardianship may be
    required, the officer may certify such fact for purposes of
    applying section 212(a)(10)(B) with respect to the other alien.

        entry through or from foreign contiguous territory and adjacent
                           islands; landing stations

      Sec. [238.] 233. (a) The Attorney General shall have power to
    enter into contracts with transportation lines for the [entry
    and] inspection and admission of aliens coming to the United
    States from foreign contiguous territory or from adjacent
    islands. No such transportation line shall be allowed to land
    any such alien in the United States until and unless it has
    entered into any such contracts which may be required by the
    Attorney General.
              * * * * * * *

      designation of ports of entry for aliens arriving by civil aircraft

      Sec. [239.] 234. The Attorney General is authorized (1) by
    regulation to designate as ports of entry for aliens arriving
    by aircraft any of the ports of entry for civil aircraft
    designated as such in accordance with law; (2) by regulation to
    provide such reasonable requirements for aircraft in civil air
    navigation with respect to giving notice of intention to land
    in advance of landing, or notice of landing, as shall be deemed
    necessary for purposes of administration and enforcement of
    this Act; and (3) by regulation to provide for the application
    to civil air navigation of the provisions of this Act where not
    expressly so provided in this Act to such extent and upon such
    conditions as he deems necessary. Any person who violates any
    regulation made under this section shall be subject to a civil
    penalty of $2,000 which may be remitted or mitigated by the
    Attorney General in accordance with such proceedings as the
    Attorney General shall by regulation prescribe. In case the
    violation is by the owner or person in command of the aircraft,
    the penalty shall be a lien upon the aircraft, and such
    aircraft may be libeled therefor in the appropriate United
    States court. The determination by the Attorney General and
    remission or mitigation of the civil penalty shall be final. In
    case the violation is by the owner or person in command of the
    aircraft, the penalty shall be a lien upon the aircraft and may
    be collected by proceedings in rem which shall conform as
    nearly as may be to civil suits in admiralty. The Supreme Court
    of the United States, and under its direction other courts of
    the United States, are authorized to prescribe rules regulating
    such proceedings against aircraft in any particular not
    otherwise provided by law. Any aircraft made subject to a lien
    by this section may be summarily seized by, and placed in the
    custody of such persons as the Attorney General may by
    regulation prescribe. The aircraft may be released from such
    custody upon deposit of such amount not exceeding $2,000 as the
    Attorney General may prescribe, or of a bond in such sum and
    with such sureties as the Attorney General may prescribe,
    conditioned upon the payment of the penalty which may be
    finally determined by the Attorney General.

                        [physical and mental examination

      [Sec. 234. The physical and mental examination of arriving
    aliens (including alien crewmen) shall be made by medical
    officers of the United States Public Health Service, who shall
    conduct all medical examinations and shall certify, for the
    information of the immigration officers and the special inquiry
    officers, any physical and mental defect or disease observed by
    such medical officers in any such alien. If medical officers of
    the United States Public Health Service are not available,
    civil surgeons of not less than four years' professional
    experience may be employed for such service upon such terms as
    may be prescribed by the Attorney General. Aliens (including
    alien crewmen) arriving at ports of the United States shall be
    examined by at least one such medical officer or civil surgeon
    under such administrative regulations as the Attorney General
    may prescribe, and under medical regulations prepared by the
    Secretary of Health and Human Services. Medical officers of the
    United States Public Health Service who have had special
    training in the diagnosis of insanity and mental defects shall
    be detailed for duty or employed at such ports of entry as the
    Attorney General may designate, and such medical officers shall
    be provided with suitable facilities for the detention and
    examination of all arriving aliens who it is suspected may be
    excludable under paragraph (1) of section 212(a), and the
    services of interpreters shall be provided for such
    examination. Any alien certified under paragraph (1) of section
    212(a) may appeal to a board of medical officers of the United
    States Public Health Service, which shall be convened by the
    Secretary of Health and Human Services, and any such alien may
    introduce before such board one expert medical witness at his
    own cost and expense.]

                      [inspection by immigration officers

      [Sec. 235. (a) The inspection, other than the physical and
    mental examination, of aliens (including alien crewmen) seeking
    admission or readmission to, or the privilege of passing
    through the United States shall be conducted by immigration
    officers, except as otherwise provided in regard to special
    inquiry officers. All aliens arriving at ports of the United
    States shall be examined by one or more immigration officers at
    the discretion of the Attorney General and under such
    regulations as he may prescribe. Immigration officers are
    hereby authorized and empowered to board and search any vessel,
    aircraft, railway car, or other conveyance, or vehicle in which
    they believe aliens are being brought into the United States.
    The Attorney General and any immigration officer, including
    special inquiry officers, shall have power to administer oaths
    and to take and consider evidence of or from any person
    touching the privilege of any alien or person he believes or
    suspects to be an alien to enter, reenter, pass through, or
    reside in the United States or concerning any matter which is
    material and relevant to the enforcement of this Act and the
    administration of the Service, and, where such action may be
    necessary, to make a written record of such evidence. Any
    person coming into the United States may be required to state
    under oath the purpose or purposes for which he comes, the
    length of time he intends to remain in the United States,
    whether or not he intends to remain in the United States
    permanently and, if an alien, whether he intends to become a
    citizen thereof, and such other items of information as will
    aid the immigration officer in determining whether he is a
    national of the United States or an alien and, if the latter,
    whether he belongs to any of the excluded classes enumerated in
    section 212. The Attorney General and any immigration officer,
    including special inquiry officers, shall have power to require
    by subpena the attendance and testimony of witnesses before
    immigration officers and special inquiry officers and the
    production of books, papers, and documents relating to the
    privilege of any person to enter, reenter, reside in, or pass
    through the United States or concerning any matter which is
    material and relevant to the enforcement of this Act and the
    administration of the Service, and to that end may invoke the
    aid of any court of the United States. Any United States
    district court within the jurisdiction of which investigations
    or inquiries are being conducted by an immigration officer or
    special inquiry officer may, in the event of neglect or refusal
    to respond to a subpena issued under this subsection or refusal
    to testify before an immigration officer or special inquiry
    officer, issue an order requiring such persons to appear before
    an immigration officer or special inquiry officer, produce
    books, papers, and documents if demanded, and testify, and any
    failure to obey such order of the court may be punished by the
    court as a contempt thereof.
      [(b) Every alien (other than an alien crewman), and except as
    otherwise provided in subsection (c) of this section and in
    section 273(d), who may not appear to the examining immigration
    officer at the port of arrival to be clearly and beyond a doubt
    entitled to land shall be detained for further inquiry to be
    conducted by a special inquiry officer. The decision of the
    examining immigration officer, if favorable to the admission of
    any alien, shall be subject to challenge by any other
    immigration officer and such challenge shall operate to take
    the alien, whose privilege to land is so challenged, before a
    special inquiry officer for further inquiry.
      [(c) Any alien (including an alien crewman) who may appear to
    the examining immigration officer or to the special inquiry
    officer during the examination before either of such officers
    to be excludable under subparagraph (A) (other than clause
    (ii)), (B), or (C) of section 212(a)(3) shall be temporarily
    excluded, and no further inquiry by a special inquiry officer
    shall be conducted until after the case is reported to the
    Attorney General together with any such written statement and
    accompanying information, if any, as the alien or his
    representative may desire to submit in connection therewith and
    such an inquiry or further inquiry is directed by the Attorney
    General. If the Attorney General is satisfied that the alien is
    excludable under any of such paragraphs on the basis of
    information of a confidential nature, the disclosure of which
    the Attorney General, in the exercise of his discretion, and
    after consultation with the appropriate security agencies of
    the Government, concludes would be prejudicial to the public
    interest, safety, or security, he may in his discretion order
    such alien to be excluded and deported without any inquiry or
    further inquiry by a special inquiry officer. Nothing in this
    subsection shall be regarded as requiring an inquiry before a
    special inquiry officer in the case of an alien crewman.]

     inspection by immigration officers; expedited removal of inadmissible
                     arriving aliens; referral for hearing

      Sec. 235. (a) Inspection.--
              (1) Aliens treated as applicants for admission.--An
            alien present in the United States who has not been
            admitted, who arrives in the United States (whether or
            not at a designated port of arrival), or who is brought
            to the United States after having been interdicted in
            international or United States waters shall be deemed
            for purposes of this Act an applicant for admission.
              (2) Stowaways.--An arriving alien who is a stowaway
            is not eligible to apply for admission or to be
            admitted and shall be ordered removed upon inspection
            by an immigration officer. Upon such inspection if the
            alien indicates an intention to apply for asylum under
            section 208 or a fear of persecution, the officer shall
            refer the alien for an interview under subsection
            (b)(1)(B). A stowaway may apply for asylum only if the
            stowaway is found to have a credible fear of
            persecution under subsection (b)(1)(B). In no case may
            a stowaway be considered an applicant for admission or
            eligible for a hearing under section 240.
              (3) Inspection.--All aliens (including alien crewmen)
            who are applicants for admission or otherwise seeking
            admission or readmission to or transit through the
            United States shall be inspected by immigration
            officers.
              (4) Withdrawal of application for admission.--An
            alien applying for admission may, in the discretion of
            the Attorney General and at any time, be permitted to
            withdraw the application for admission and depart
            immediately from the United States.
              (5) Statements.--An applicant for admission may be
            required to state under oath any information sought by
            an immigration officer regarding the purposes and
            intentions of the applicant in seeking admission to the
            United States, including the applicant's intended
            length of stay and whether the applicant intends to
            remain permanently or become a United States citizen,
            and whether the applicant is inadmissible.
      (b) Inspection of Applicants for Admission.--
              (1) Inspection of aliens arriving in the united
            states.--
                      (A) Screening.--If the examining immigration
                    officer determines that an alien arriving in
                    the United States (whether or not at a port of
                    entry) is inadmissible under section
                    212(a)(6)(C) or 212(a)(7) and the alien--
                              (i) does not indicate either an
                            intention to apply for asylum under
                            section 208 or a fear of persecution,
                            the officer shall order the alien
                            removed from the United States without
                            further hearing or review; or
                              (ii) indicates an intention to apply
                            for asylum under section 208 or a fear
                            of persecution, the officer shall refer
                            the alien for an interview by an asylum
                            officer under subparagraph (B).
                      (B) Asylum interviews.--
                              (i) Conduct by asylum officers.--An
                            asylum officer shall promptly conduct
                            interviews of aliens referred under
                            subparagraph (A)(ii).
                              (ii) Referral of certain aliens.--If
                            the officer determines at the time of
                            the interview that an alien has a
                            credible fear of persecution (within
                            the meaning of clause (v)), the alien
                            shall be detained for further
                            consideration of the application for
                            asylum.
                              (iii) Removal without further review
                            if no credible fear of persecution.--
                                      (I) In general.--Subject to
                                    subclause (II), if the officer
                                    determines that an alien does
                                    not have a credible fear of
                                    persecution, the officer shall
                                    order the alien removed from
                                    the United States without
                                    further hearing or review.
                                      (II) Review of determination
                                    by supervisory officer.--The
                                    Attorney General shall
                                    promulgate regulations to
                                    provide for the immediate
                                    review by a supervisory asylum
                                    officer at the port of entry of
                                    a determination under subclause
                                    (I).
                              (iv) Information about interviews.--
                            The Attorney General shall provide
                            information concerning the asylum
                            interview described in this
                            subparagraph to aliens who may be
                            eligible. An alien who is eligible for
                            such interview may consult with a
                            person or persons of the alien's
                            choosing prior to the interview or any
                            review thereof, according to
                            regulations prescribed by the Attorney
                            General. Such consultation shall be at
                            no expense to the Government and shall
                            not delay the process.
                              (v) Credible fear of persecution
                            defined.--For purposes of this
                            subparagraph, the term ``credible fear
                            of persecution'' means (I) that it is
                            more probable than not that the
                            statements made by the alien in support
                            of the alien's claim are true, and (II)
                            that there is a significant
                            possibility, in light of such
                            statements and of such other facts as
                            are known to the officer, that the
                            alien could establish eligibility for
                            asylum under section 208.
                      (C) Limitation on administrative review.--A
                    removal order entered in accordance with
                    subparagraph (A)(i) or (B)(iii)(I) is not
                    subject to administrative appeal, except that
                    the Attorney General shall provide by
                    regulation for prompt review of such an order
                    under subparagraph (A)(i) against an alien who
                    claims under oath, or as permitted under
                    penalty of perjury under section 1746 of title
                    28, United States Code, after having been
                    warned of the penalties for falsely making such
                    claim under such conditions, to have been
                    lawfully admitted for permanent residence.
                      (D) Limit on collateral attacks.--In any
                    action brought against an alien under section
                    275(a) or section 276, the court shall not have
                    jurisdiction to hear any claim attacking the
                    validity of an order of removal entered under
                    subparagraph (A)(i) or (B)(iii)(I).
                      (E) Asylum officer defined.--As used in this
                    paragraph, the term ``asylum officer'' means an
                    immigration officer who--
                              (i) has had professional training in
                            country conditions, asylum law, and
                            interview techniques, and
                              (ii) is supervised by an officer who
                            meets the condition described in clause
                            (i).
              (2) Inspection of other aliens.--
                      (A) In general.--Subject to subparagraph (B),
                    in the case of an alien who is an applicant for
                    admission, if the examining immigration officer
                    determines that an alien seeking admission is
                    not clearly and beyond a doubt entitled to be
                    admitted, the alien shall be detained for a
                    hearing under section 240.
                      (B) Exception.--Subparagraph (A) shall not
                    apply to an alien--
                              (i) who is a crewman,
                              (ii) to whom paragraph (1) applies,
                            or
                              (iii) who is a stowaway.
              (3) Challenge of decision.--The decision of the
            examining immigration officer, if favorable to the
            admission of any alien, shall be subject to challenge
            by any other immigration officer and such challenge
            shall operate to take the alien whose privilege to be
            admitted is so challenged, before an immigration judge
            for a hearing under section 240.
      (c) Removal of Aliens Inadmissible on Security and Related
    Grounds.--
              (1) Removal without further hearing.--If an
            immigration officer or an immigration judge suspects
            that an arriving alien may be inadmissible under
            subparagraph (A) (other than clause (ii)), (B), or (C)
            of section 212(a)(3), the officer or judge shall--
                      (A) order the alien removed, subject to
                    review under paragraph (2);
                      (B) report the order of removal to the
                    Attorney General; and
                      (C) not conduct any further inquiry or
                    hearing until ordered by the Attorney General.
              (2) Review of order.--(A) The Attorney General shall
            review orders issued under paragraph (1).
              (B) If the Attorney General--
                      (i) is satisfied on the basis of confidential
                    information that the alien is inadmissible
                    under subparagraph (A) (other than clause
                    (ii)), (B), or (C) of section 212(a)(3), and
                      (ii) after consulting with appropriate
                    security agencies of the United States
                    Government, concludes that disclosure of the
                    information would be prejudicial to the public
                    interest, safety, or security,

            the Attorney General may order the alien removed
            without further inquiry or hearing by an immigration
            judge.
              (C) If the Attorney General does not order the
            removal of the alien under subparagraph (B), the
            Attorney General shall specify the further inquiry or
            hearing that shall be conducted in the case.
              (3) Submission of statement and information.--The
            alien or the alien's representative may submit a
            written statement and additional information for
            consideration by the Attorney General.
      (d) Authority Relating to Inspections.--
              (1) Authority to search conveyances.--Immigration
            officers are authorized to board and search any vessel,
            aircraft, railway car, or other conveyance or vehicle
            in which they believe aliens are being brought into the
            United States.
              (2) Authority to order detention and delivery of
            arriving aliens.--Immigration officers are authorized
            to order an owner, agent, master, commanding officer,
            person in charge, purser, or consignee of a vessel or
            aircraft bringing an alien (except an alien crewmember)
            to the United States--
                      (A) to detain the alien on the vessel or at
                    the airport of arrival, and
                      (B) to deliver the alien to an immigration
                    officer for inspection or to a medical officer
                    for examination.
              (3) Administration of oath and consideration of
            evidence.--The Attorney General and any immigration
            officer shall have power to administer oaths and to
            take and consider evidence of or from any person
            touching the privilege of any alien or person he
            believes or suspects to be an alien to enter, reenter,
            transit through, or reside in the United States or
            concerning any matter which is material and relevant to
            the enforcement of this Act and the administration of
            the Service.
              (4) Subpoena authority.--(A) The Attorney General and
            any immigration officer shall have power to require by
            subpoena the attendance and testimony of witnesses
            before immigration officers and the production of
            books, papers, and documents relating to the privilege
            of any person to enter, reenter, reside in, or pass
            through the United States or concerning any matter
            which is material and relevant to the enforcement of
            this Act and the administration of the Service, and to
            that end may invoke the aid of any court of the United
            States.
              (B) Any United States district court within the
            jurisdiction of which investigations or inquiries are
            being conducted by an immigration officer may, in the
            event of neglect or refusal to respond to a subpoena
            issued under this paragraph or refusal to testify
            before an immigration officer, issue an order requiring
            such persons to appear before an immigration officer,
            produce books, papers, and documents if demanded, and
            testify, and any failure to obey such order of the
            court may be punished by the court as a contempt
            thereof.

                       preinspection at foreign airports

      Sec. 235A. (a) Establishment of Preinspection Stations.--(1)
    Subject to paragraph (4), not later than 2 years after the date
    of the enactment of this section, the Attorney General, in
    consultation with the Secretary of State, shall establish and
    maintain preinspection stations in at least 5 of the foreign
    airports that are among the 10 foreign airports which the
    Attorney General identifies as serving as last points of
    departure for the greatest numbers of passengers who arrive
    from abroad by air at ports of entry within the United States.
    Such preinspection stations shall be in addition to any
    preinspection stations established prior to the date of the
    enactment of this section.
      (2) Not later than November 1, 1995, and each subsequent
    November 1, the Attorney General shall compile data
    identifying--
              (A) the foreign airports which served as last points
            of departure for aliens who arrived by air at United
            States ports of entry without valid documentation
            during the preceding fiscal years,
              (B) the number and nationality of such aliens
            arriving from each such foreign airport, and
              (C) the primary routes such aliens followed from
            their country of origin to the United States.
      (3) Subject to paragraph (4), not later than 4 years after
    the date of enactment of this section, the Attorney General, in
    consultation with the Secretary of State, shall establish
    preinspection stations in at least 5 additional foreign
    airports which the Attorney General, in consultation with the
    Secretary of State, determines based on the data compiled under
    paragraph (2) and such other information as may be available
    would most effectively reduce the number of aliens who arrive
    from abroad by air at points of entry within the United States
    without valid documentation. Such preinspection stations shall
    be in addition to those established prior to or pursuant to
    paragraph (1).
      (4) Prior to the establishment of a preinspection station the
    Attorney General, in consultation with the Secretary of State,
    shall ensure that--
              (A) employees of the United States stationed at the
            preinspection station and their accompanying family
            members will receive appropriate protection,
              (B) such employees and their families will not be
            subject to unreasonable risks to their welfare and
            safety, and
              (C) the country in which the preinspection station is
            to be established maintains practices and procedures
            with respect to asylum seekers and refugees in
            accordance with the Convention Relating to the Status
            of Refugees (done at Geneva, July 28, 1951), or the
            Protocol Relating to the Status of Refugees (done at
            New York, January 31, 1967).
      (b) Establishment of Carrier Consultant Program.--The
    Attorney General shall assign additional immigration officers
    to assist air carriers in the detection of fraudulent documents
    at foreign airports which, based on the records maintained
    pursuant to subsection (a)(2), served as a point of departure
    for a significant number of arrivals at United States ports of
    entry without valid documentation, but where no preinspection
    station exists.

                             [exclusions of aliens

      [Sec. 236. (a) A special inquiry officer shall conduct
    proceedings under this section, administer oaths, present and
    receive evidence, and interrogate, examine, and cross-examine
    the alien or witnesses. He shall have authority in any case to
    determine whether an arriving alien who has been detained for
    further inquiry under section 235 shall be allowed to enter or
    shall be excluded and deported. The determination of such
    special inquiry officer shall be based only on the evidence
    produced at the inquiry. No special inquiry officer shall
    conduct a proceeding in any case under this section in which he
    shall have participated in investigative functions or in which
    he shall have participated (except as provided in this
    subsection) in prosecuting functions. Proceedings before a
    special inquiry officer under this section shall be conducted
    in accordance with this section, the applicable provisions of
    sections 235 and 287(b), and such regulations as the Attorney
    General shall prescribe, and shall be the sole and exclusive
    procedure for determining admissibility of a person to the
    United States under the provisions of this section. At such
    inquiry, which shall be kept separate and apart from the
    public, the alien may have one friend or relative present,
    under such conditions as may be prescribed by the Attorney
    General. A complete record of the proceedings and of all
    testimony and evidence produced at such inquiry, shall be kept.
      [(b) From a decision of a special inquiry officer excluding
    an alien, such alien may take a timely appeal to the Attorney
    General, and any such alien shall be advised of his right to
    take such appeal. No appeal may be taken from a temporary
    exclusion under section 235(c). From a decision of the special
    inquiry officer to admit an alien, the immigration officer in
    charge at the port where the inquiry is held may take a timely
    appeal to the Attorney General. An appeal by the alien, or such
    officer in charge, shall operate to stay any final action with
    respect to any alien whose case is so appealed until the final
    decision of the Attorney General is made. Except as provided in
    section 235(c) such decision shall be rendered solely upon the
    evidence adduced before the special inquiry officer.
      [(c) Except as provided in subsections (b) or (d), in every
    case where an alien is excluded from admission into the United
    States, under this Act or any other law or treaty now existing
    or hereafter made, the decision of a special inquiry officer
    shall be final unless reversed on appeal to the Attorney
    General.
      [(d) If a medical officer or civil surgeon or board of
    medical officers has certified under section 234 that an alien
    has a disease, illness, or addiction which would make the alien
    excludable under paragraph (1) of section 212(a), the decision
    of the special inquiry officer shall be based solely upon such
    certification. No alien shall have a right to appeal from such
    an excluding decision of a special inquiry officer.
      [(e)(1) Pending a determination of excludability, the
    Attorney General shall take into custody any alien convicted of
    an aggravated felony upon release of the alien (regardless of
    whether or not such release is on parole, supervised release,
    or probation, and regardless of the possibility of rearrest or
    further confinement in respect of the same offense).
      [(2) Notwithstanding any other provision of this section, the
    Attorney General shall not release such felon from custody
    unless the Attorney General determines that the alien may not
    be deported because the condition described in section 243(g)
    exists.
      [(3) If the determination described in paragraph (2) has been
    made, the Attorney General may release such alien only after--
              [(A) a procedure for review of each request for
            relief under this subsection has been established,
              [(B) such procedure includes consideration of the
            severity of the felony committed by the alien, and
              [(C) the review concludes that the alien will not
            pose a danger to the safety of other persons or to
            property.]

     apprehension and detention of aliens not lawfully in the united states

      Sec. 236. (a) Arrest, Detention, and Release.--On a warrant
    issued by the Attorney General, an alien may be arrested and
    detained pending a decision on whether the alien is to be
    removed from the United States. Except as provided in
    subsection (c) and pending such decision, the Attorney
    General--
              (1) may continue to detain the arrested alien; and
              (2) may release the alien on--
                      (A) bond of at least $1,500 with security
                    approved by, and containing conditions
                    prescribed by, the Attorney General; or
                      (B) conditional parole; but
              (3) may not provide the alien with work authorization
            (including an ``employment authorized'' endorsement or
            other appropriate work permit), unless the alien is
            lawfully admitted for permanent residence or otherwise
            would (without regard to removal proceedings) be
            provided such authorization.
      (b) Revocation of Bond or Parole.--The Attorney General at
    any time may revoke a bond or parole authorized under
    subsection (a), rearrest the alien under the original warrant,
    and detain the alien.
      (c) Aliens Convicted of Aggravated Felonies.--
              (1) Custody.--The Attorney General shall take into
            custody any alien convicted of an aggravated felony
            when the alien is released, without regard to whether
            the alien is released on parole, supervised release, or
            probation, and without regard to whether the alien may
            be arrested or imprisoned again for the same offense.
              (2) Release.--The Attorney General may release the
            alien only if--
                      (A) the alien was lawfully admitted to the
                    United States and satisfies the Attorney
                    General that the alien will not pose a danger
                    to the safety of other persons or of property
                    and is likely to appear for any scheduled
                    proceeding;
                      (B) the alien was not lawfully admitted to
                    the United States, cannot be removed because
                    the designated country of removal will not
                    accept the alien, and satisfies the Attorney
                    General that the alien will not pose a danger
                    to the safety of other persons or of property
                    and is likely to appear for any scheduled
                    proceeding; or
                      (C) the Attorney General decides pursuant to
                    section 3521 of title 18, United States Code,
                    that release of the alien from custody is
                    necessary to provide protection to a witness, a
                    potential witness, a person cooperating with an
                    investigation into major criminal activity, or
                    an immediate family member or close associate
                    of a witness, potential witness, or person
                    cooperating with such an investigation.
            A decision relating to such release shall take place in
            accordance with a procedure that considers the severity
            of the offense committed by the alien.
      (d) Identification of Aliens Convicted of Aggravated
    Felonies.--(1) The Attorney General shall devise and implement
    a system--
              (A) to make available, daily (on a 24-hour basis), to
            Federal, State, and local authorities the investigative
            resources of the Service to determine whether
            individuals arrested by such authorities for aggravated
            felonies are aliens;
              (B) to designate and train officers and employees of
            the Service to serve as a liaison to Federal, State,
            and local law enforcement and correctional agencies and
            courts with respect to the arrest, conviction, and
            release of any alien charged with an aggravated felony;
            and
              (C) which uses computer resources to maintain a
            current record of aliens who have been convicted of an
            aggravated felony and who have been removed.
      (2) The record under paragraph (1)(C) shall be made
    available--
              (A) to inspectors at ports of entry and to border
            patrol agents at sector headquarters for purposes of
            immediate identification of any such previously removed
            alien seeking to reenter the United States, and
              (B) to officials of the Department of State for use
            in its automated visa lookout system.

                      general classes of deportable aliens

        Sec. [241.] 237. (a) Classes of Deportable Aliens.--Any
    alien (including an alien crewman) [in the United States] in
    and admitted to the United States shall, upon the order of the
    Attorney General, be [deported] removed if the alien is within
    one or more of the following classes of deportable aliens:
              (1) [Excludable] Inadmissible at time of entry or of
            adjustment of status or violates status.--
                      (A) [Excludable] Inadmissible aliens.--Any
                    alien who at the time of entry or adjustment of
                    status was within one or more of the classes of
                    aliens [excludable] inadmissible by the law
                    existing at such time is deportable.
                      [(B) Entered without inspection.--Any alien
                    who entered the United States without
                    inspection or at any time or place other than
                    as designated by the Attorney General or is in
                    the United States in violation of this Act or
                    any other law of the United States is
                    deportable.]
                      (B) Present in violation of law.--Any alien
                    who is present in the United States in
                    violation of this Act or any other law of the
                    United States is deportable.
              * * * * * * *
                      (E) Smuggling.--
                              (i) In general.--Any alien who (prior
                            to the date of entry, at the time of
                            any entry, or within 5 years of the
                            date of any entry) knowingly has
                            encouraged, induced, assisted, abetted,
                            or aided any other alien to enter or to
                            try to enter the United States in
                            violation of law is deportable.
                              (ii) Special rule in the case of
                            family reunification.--Clause (i) shall
                            not apply in the case of alien who is
                            an eligible immigrant (as defined in
                            section 301(b)(1) of the Immigration
                            Act of 1990), was physically present in
                            the United States on May 5, 1988, and
                            is seeking admission as [an immediate
                            relative] a spouse, child, or parent of
                            a citizen of the United States or under
                            section [203(a)(2)] 203(a)(1)
                            (including under section 112 of the
                            Immigration Act of 1990) or benefits
                            under section 301(a) of the Immigration
                            Act of 1990 if the alien, before May 5,
                            1988, has encouraged, induced,
                            assisted, abetted, or aided only the
                            alien's spouse, parent, son, or
                            daughter (and no other individual) to
                            enter the United States in violation of
                            law.
                              (iii) Waiver authorized.--The
                            Attorney General may, in his discretion
                            for humanitarian purposes, to assure
                            family unity, or when it is otherwise
                            in the public interest, waive
                            application of clause (i) in the case
                            of any alien lawfully admitted for
                            permanent residence if the alien has
                            encouraged, induced, assisted, abetted,
                            or aided only the alien's spouse,
                            parent, son, or daughter (and no other
                            individual) to enter the United States
                            in violation of law.
                      [(F) Failure to maintain employment.--Any
                    alien who obtains the status of an alien
                    lawfully admitted for temporary residence under
                    section 210A who fails to meet the requirement
                    of section 210A(d)(5)(A) by the end of the
                    applicable period is deportable.]
                      (G) Marriage fraud.--An alien shall be
                    considered to be deportable as having procured
                    a visa or other documentation by fraud (within
                    the meaning of section 212(a)(6)(C)(i)) and to
                    be in the United States in violation of this
                    Act (within the meaning of subparagraph (B))
                    if--
                              (i) the alien obtains any [entry]
                            admission into the United States with
                            an immigrant visa or other
                            documentation procured on the basis of
                            a marriage entered into less than 2
                            years prior to such [entry] admission
                            of the alien and which, within 2 years
                            subsequent to any [entry] admission of
                            the alien in the United States, shall
                            be judicially annulled or terminated,
                            unless the alien establishes to the
                            satisfaction of the Attorney General
                            that such marriage was not contracted
                            for the purpose of evading any
                            provisions of the immigration laws, or
                              (ii) it appears to the satisfaction
                            of the Attorney General that the alien
                            has failed or refused to fulfill the
                            alien's marital agreement which in the
                            opinion of the Attorney General was
                            made for the purpose of procuring the
                            alien's [entry] admission as an
                            immigrant.
                      (H) Waiver authorized for certain
                    misrepresentations.--The provisions of this
                    paragraph relating to the [deportation] removal
                    of aliens within the United States on the
                    ground that they were [excludable] inadmissible
                    at the time of [entry] admission as aliens
                    described in section 212(a)(6)(C)(i), whether
                    willful or innocent, may, in the discretion of
                    the Attorney General, be waived for any alien
                    (other than an alien described in paragraph
                    (4)(D)) who--
                              (i) is the spouse, parent, son, or
                            daughter of a citizen of the United
                            States or of an alien lawfully admitted
                            to the United States for permanent
                            residence; and
                              (ii) was in possession of an
                            immigrant visa or equivalent document
                            and was otherwise admissible to the
                            United States at the time of such
                            [entry] admission except for those
                            grounds of inadmissibility specified
                            under paragraphs (5)(A) and (7)(A) of
                            section 212(a) which were a direct
                            result of that fraud or
                            misrepresentation.
                    A waiver of [deportation] removal for fraud or
                    misrepresentation granted under this
                    subparagraph shall also operate to waive
                    [deportation] removal based on the grounds of
                    inadmissibility [at entry] directly resulting
                    from such fraud or misrepresentation.
              (2) Criminal offenses.--
                      (A) General crimes.--
                              (i) Crimes of moral turpitude.--Any
                            alien who--
                                      (I) is convicted of a crime
                                    involving moral turpitude
                                    committed within five years (or
                                    10 years in the case of an
                                    alien provided lawful permanent
                                    resident status under section
                                    [245(i)] 245(j)) after the date
                                    of [entry] admission, and
                                      (II) either is sentenced to
                                    confinement or is confined
                                    therefor in a prison or
                                    correctional institution for
                                    one year or longer,

                            is deportable.
                              (ii) Multiple criminal convictions.--
                            Any alien who at any time after [entry]
                            admission is convicted of two or more
                            crimes involving moral turpitude, not
                            arising out of a single scheme of
                            criminal misconduct, regardless of
                            whether confined therefor and
                            regardless of whether the convictions
                            were in a single trial, is deportable.
                              (iii) Aggravated felony.--Any alien
                            who is convicted of an aggravated
                            felony at any time after [entry]
                            admission is deportable.
                              (iv) Waiver authorized.--Clauses (i),
                            (ii), and (iii) shall not apply in the
                            case of an alien with respect to a
                            criminal conviction if the alien
                            subsequent to the criminal conviction
                            has been granted a full and
                            unconditional pardon by the President
                            of the United States or by the Governor
                            of any of the several States.
                      (B) Controlled substances.--
                              (i) Conviction.--Any alien who at any
                            time after [entry] admission has been
                            convicted of a violation of (or a
                            conspiracy or attempt to violate) any
                            law or regulation of a State, the
                            United States, or a foreign country
                            relating to a controlled substance (as
                            defined in section 102 of the
                            Controlled Substances Act (21 U.S.C.
                            802)), other than a single offense
                            involving possession for one's own use
                            of 30 grams or less of marijuana, is
                            deportable.
                              (ii) Drug abusers and addicts.--Any
                            alien who is, or at any time after
                            [entry] admission has been, a drug
                            abuser or addict is deportable.
                      (C) Certain firearm offenses.--Any alien who
                    at any time after [entry] admission is
                    convicted under any law of purchasing, selling,
                    offering for sale, exchanging, using, owning,
                    possessing, or carrying, or of attempting or
                    conspiring to purchase, sell, offer for sale,
                    exchange, use, own, possess, or carry, any
                    weapon, part, or accessory which is a firearm
                    or destructive device (as defined in section
                    921(a) of title 18, United States Code) in
                    violation of any law is deportable.
                      (D) Miscellaneous crimes.--Any alien who at
                    any time has been convicted (the judgment on
                    such conviction becoming final) of, or has been
                    so convicted of a conspiracy or attempt to
                    violate--
                              (i) any offense under chapter 37
                            (relating to espionage), chapter 105
                            (relating to sabotage), or chapter 115
                            (relating to treason and sedition) of
                            title 18, United States Code, for which
                            a term of imprisonment of five or more
                            years may be imposed;
                              (ii) any offense under section 871 or
                            960 of title 18, United States Code;
                              (iii) a violation of any provision of
                            the Military Selective Service Act (50
                            U.S.C. App. 451 et seq.) or the Trading
                            With the Enemy Act (50 U.S.C. App. 1 et
                            seq.); or
                              (iv) a violation of section 215 or
                            278 of this Act,

                    is deportable.
              (3) Failure to register and falsification of
            documents.--
                      (A) Change of address.--An alien who has
                    failed to comply with the provisions of section
                    265 is deportable, unless the alien establishes
                    to the satisfaction of the Attorney General
                    that such failure was reasonably excusable or
                    was not willful.
                      (B) Failure to register or falsification of
                    documents.--Any alien who at any time has been
                    convicted--
                              (i) under section 266(c) of this Act
                            or under section 36(c) of the Alien
                            Registration Act, 1940,
                              (ii) of a violation of, or an attempt
                            or a conspiracy to violate, any
                            provision of the Foreign Agents
                            Registration Act of 1938 (22 U.S.C. 611
                            et seq.), or
                              (iii) of a violation of, or an
                            attempt or a conspiracy to violate,
                            section 1546 of title 18, United States
                            Code (relating to fraud and misuse of
                            visas, permits, and other entry
                            documents),

                    is deportable.
                      [(C) Document fraud.--Any alien who is the
                    subject of a final order for violation of
                    section 274C is deportable.]
                      (C) Document fraud.--
                              (i) In general.--An alien who is the
                            subject of a final order for violation
                            of section 274C is deportable.
                              (ii) Waiver authorized.--The Attorney
                            General may waive clause (i) in the
                            case of an alien lawfully admitted for
                            permanent residence if the alien's
                            civil money penalty under section 274C
                            was incurred solely to assist, aid, or
                            support the alien's spouse, parent,
                            son, or daughter (and no other
                            individual).
              (4) Security and related grounds.--
                      (A) In general.--Any alien who has engaged,
                    is engaged, or at any time after [entry]
                    admission engages in--
                              (i) any activity to violate any law
                            of the United States relating to
                            espionage or sabotage or to violate or
                            evade any law prohibiting the export
                            from the United States of goods,
                            technology, or sensitive information,
                              (ii) any other criminal activity
                            which endangers public safety or
                            national security, or
                              (iii) any activity a purpose of which
                            is the opposition to, or the control or
                            overthrow of, the Government of the
                            United States by force, violence, or
                            other unlawful means,

                    is deportable.
                      (B) Terrorist activities.--Any alien who has
                    engaged, is engaged, or at any time after
                    [entry] admission engages in any terrorist
                    activity (as defined in section
                    212(a)(3)(B)(iii)) is deportable.
                      (C) Foreign policy.--
                              (i) In general.--An alien whose
                            presence or activities in the United
                            States the Secretary of State has
                            reasonable ground to believe would have
                            potentially serious adverse foreign
                            policy consequences for the United
                            States is deportable.
                              (ii) Exceptions.--The exceptions
                            described in clauses (ii) and (iii) of
                            section 212(a)(3)(C) shall apply to
                            deportability under clause (i) in the
                            same manner as they apply to
                            [excludability] inadmissibility under
                            section 212(a)(3)(C)(i).
                      (D) Assisted in nazi persecution or engaged
                    in genocide.--Any alien described in clause (i)
                    or (ii) of section 212(a)(3)(E) is deportable.
              [(5) Public charge.--Any alien who, within five years
            after the date of entry, has become a public charge
            from causes not affirmatively shown to have arisen
            since entry is deportable.]
              (5) Public charge.--
                      (A) In general.--Any alien who, within 7
                    years after the date of entry or admission,
                    becomes a public charge is deportable.
                      (B) Exceptions.--(i) Subparagraph (A) shall
                    not apply if the alien establishes that the
                    alien has become a public charge from causes
                    that arose after entry or admission. A
                    condition that the alien knew (or had reason to
                    know) existed at the time of entry or admission
                    shall be deemed to be a cause that arose before
                    entry or admission.
                      (ii) The Attorney General, in the discretion
                    of the Attorney General, may waive the
                    application of subparagraph (A) in the case of
                    an alien who is admitted as a refugee under
                    section 207 or granted asylum under section
                    208.
                      (C) Individuals treated as public charge.--
                              (i) In general.--For purposes of this
                            title, an alien is deemed to be a
                            ``public charge'' if the alien receives
                            benefits (other than benefits described
                            in subparagraph (E)) under one or more
                            of the public assistance programs
                            described in subparagraph (D) for an
                            aggregate period, except as provided in
                            clauses (ii) and (iii), of at least 12
                            months within 7 years after the date of
                            entry. The previous sentence shall not
                            be construed as excluding any other
                            bases for considering an alien to be a
                            public charge, including bases in
                            effect on the day before the date of
                            the enactment of the Immigration in the
                            National Interest Act of 1995. The
                            Attorney General, in consultation with
                            the Secretary of Health and Human
                            Services, shall establish rules
                            regarding the counting of health
                            benefits described in subparagraph
                            (D)(iv) for purposes of this
                            subparagraph.
                              (ii) Determination with respect to
                            battered women and children.--For
                            purposes of a determination under
                            clause (i) and except as provided in
                            clause (iii), the aggregate period
                            shall be 48 months within 7 years after
                            the date of entry if the alien can
                            demonstrate that (I) the alien has been
                            battered or subject to extreme cruelty
                            in the United States by a spouse or
                            parent, or by a member of the spouse or
                            parent's family residing in the same
                            household as the alien and the spouse
                            or parent consented or acquiesced to
                            such battery or cruelty, or (II) the
                            alien's child has been battered or
                            subject to extreme cruelty in the
                            United States by a spouse or parent of
                            the alien (without the active
                            participation of the alien in the
                            battery or extreme cruelty), or by a
                            member of the spouse or parent's family
                            residing in the same household as the
                            alien when the spouse or parent
                            consented or acquiesced to and the
                            alien did not actively participate in
                            such battery or cruelty, and the need
                            for the public benefits received has a
                            substantial connection to the battery
                            or cruelty described in subclause (I)
                            or (II).
                              (iii) Special rule for ongoing
                            battery or cruelty.--For purposes of a
                            determination under clause (i), the
                            aggregate period may exceed 48 months
                            within 7 years after the date of entry
                            if the alien can demonstrate that any
                            battery or cruelty under clause (ii) is
                            ongoing, has led to the issuance of an
                            order of a judge or an administrative
                            law judge or a prior determination of
                            the Service, and that the need for the
                            benefits received has a substantial
                            connection to such battery or cruelty.
                      (D) Public assistance programs.--For purposes
                    of subparagraph (B), the public assistance
                    programs described in this subparagraph are the
                    following (and include any successor to such a
                    program as identified by the Attorney General
                    in consultation with other appropriate
                    officials):
                              (i) SSI.--The supplemental security
                            income program under title XVI of the
                            Social Security Act, including State
                            supplementary benefits programs
                            referred to in such title.
                              (ii) AFDC.--The program of aid to
                            families with dependent children under
                            part A or E of title IV of the Social
                            Security Act.
                              (iii) Medicaid.--The program of
                            medical assistance under title XIX of
                            the Social Security Act.
                              (iv) Food stamps.--The program under
                            the Food Stamp Act of 1977.
                              (v) State general cash assistance.--A
                            program of general cash assistance of
                            any State or political subdivision of a
                            State.
                              (vi) Housing assistance.--Financial
                            assistance as defined in section 214(b)
                            of the Housing and Community
                            Development Act of 1980.
                      (E) Certain assistance excepted.--For
                    purposes of subparagraph (B), an alien shall
                    not be considered to be a public charge on the
                    basis of receipt of any of the following
                    benefits:
                              (i) Emergency medical services.--The
                            provision of emergency medical services
                            (as defined by the Attorney General in
                            consultation with the Secretary of
                            Health and Human Services).
                              (ii) Public health immunizations.--
                            Public health assistance for
                            immunizations with respect to
                            immunizable diseases and for testing
                            and treatment for communicable
                            diseases.
                              (iii) Short-term emergency relief.--
                            The provision of non-cash, in-kind,
                            short-term emergency relief.
              * * * * * * *
      (c) Paragraphs (1)(A), (1)(B), (1)(C), (1)(D), and (3)(A) of
    subsection (a) (other than so much of paragraph (1) as relates
    to a ground of [exclusion] inadmissibility described in
    paragraph (2) or (3) of section 212(a)) shall not apply to a
    special immigrant described in section 101(a)(27)(J) based upon
    circumstances that existed before the date the alien was
    provided such special immigrant status.

    [immediate deportation of aliens excluded from admission or entering in
                                violation of law

      [Sec. 237. (a)(1) Any alien (other than an alien crewman)
    arriving in the United States who is excluded under this Act,
    shall be immediately deported, in accommodations of the same
    class in which he arrived, unless the Attorney General, in an
    individual case, in his discretion, concludes that immediate
    deportation is not practicable or proper. Deportation shall be
    to the country in which the alien boarded the vessel or
    aircraft on which he arrived in the United States, unless the
    alien boarded such vessel or aircraft in foreign territory
    contiguous to the United States or in any island adjacent
    thereto or adjacent to the United States and the alien is not a
    native, citizen, subject, or national of, or does not have a
    residence in, such foreign contiguous territory or adjacent
    island, in which case the deportation shall instead be to the
    country in which is located the port at which the alien
    embarked for such foreign contiguous territory or adjacent
    island. The cost of the maintenance including detention
    expenses and expenses incident to detention of any such alien
    while he is being detained, shall be borne by the owner or
    owners of the vessel or aircraft on which he arrived, except
    that the cost of maintenance (including detention expenses and
    expenses incident to detention while the alien is being
    detained prior to the time he is offered for deportation to the
    transportation line which brought him to the United States)
    shall not be assessed against the owner or owners of such
    vessel or aircraft if (A) the alien was in possession of a
    valid, unexpired immigrant visa, or (B) the alien (other than
    an alien crewman) was in possession of a valid, unexpired
    nonimmigrant visa or other document authorizing such alien to
    apply for temporary admission to the United States or an
    unexpired reentry permit issued to him, and (i) such
    application was made within one hundred and twenty days of the
    date of issuance of the visa or other document, or in the case
    of an alien in possession of a reentry permit, within one
    hundred and twenty days of the date on which the alien was last
    examined and admitted by the Service, or (ii) in the event the
    application was made later than one hundred and twenty days of
    the date of issuance of the visa or other document or such
    examination and admission, if the owner or owners of such
    vessel or aircraft established to the satisfaction of the
    Attorney General that the ground of exclusion could not have
    been ascertained by the exercise of due diligence prior to the
    alien's embarkation, or (C) the person claimed United States
    nationality or citizenship and was in possession of an
    unexpired United States passport issued to him by competent
    authority.
      [(2) If the government of the country designated in paragraph
    (1) will not accept the alien into its territory, the alien's
    deportation shall be directed by the Attorney General, in his
    discretion and without necessarily giving any priority or
    preference because of their order as herein set forth, either
    to--
              [(A) the country of which the alien is a subject,
            citizen, or national;
              [(B) the country in which he was born;
              [(C) the country in which he has a residence; or
              [(D) any country which is willing to accept the alien
            into its territory, if deportation to any of the
            foregoing countries is impracticable, inadvisable, or
            impossible.
      [(b) It shall be unlawful for any master, commanding officer,
    purser, person in charge, agent, owner, or consignee of any
    vessel or aircraft (1) to refuse to receive any alien (other
    than an alien crewman), ordered deported under this section
    back on board such vessel or aircraft or another vessel or
    aircraft owned or operated by the same interests; (2) to fail
    to detain any alien (other than an alien crewman) on board any
    such vessel or at the airport of arrival of the aircraft when
    required by this Act or if so ordered by an immigration
    officer, or to fail or refuse to deliver him for medical or
    other inspection, or for further medical or other inspection,
    as and when so ordered by such officer; (3) to refuse or fail
    to remove him from the United States to the country to which
    his deportation has been directed; (4) to fail to pay the cost
    of his maintenance while being detained as required by this
    section; (5) to take any fee, deposit, or consideration on a
    contingent basis to be kept or returned in case the alien is
    landed or excluded; or (6) knowingly to bring to the United
    States any alien (other than an alien crewman) excluded or
    arrested and deported under any provision of law until such
    alien may be lawfully entitled to reapply for admission to the
    United States. If it shall appear to the satisfaction of the
    Attorney General that any such master, commanding officer,
    purser, person in charge, agent, owner, or consignee of any
    vessel or aircraft has violated any of the provisions of this
    section, such master, commanding officer, purser, person in
    charge, agent, owner, or consignee shall pay to the
    Commissioner the sum of $2,000 for each violation. No such
    vessel or aircraft shall have clearance from any port of the
    United States while any such fine is unpaid or while the
    question of liability to pay any such fine is being determined,
    nor shall any such fine be remitted or refunded, except that
    clearance may be granted prior to the determination of such
    question upon the deposit with the Commissioner of a bond or
    undertaking approved by the Attorney General or a sum
    sufficient to cover such fine.
      [(c) An alien shall be deported on a vessel or aircraft owned
    by the same person who owns the vessel or aircraft on which the
    alien arrived in the United States, unless it is impracticable
    to so deport the alien within a reasonable time. The
    transportation expense of the alien's deportation shall be
    borne by the owner or owners of the vessel or aircraft on which
    the alien arrived. If the deportation is effected on a vessel
    or aircraft not owned by such owner or owners, the
    transportation expense of the alien's deportation may be paid
    from the appropriation for the enforcement of this Act and
    recovered by civil suit from any owner, agent, or consignee of
    the vessel or aircraft on which the alien arrived.
      [(d) The Attorney General, under such conditions as are by
    regulations prescribed, may stay the deportation of any alien
    deportable under this section, if in his judgment the testimony
    of such alien is necessary on behalf of the United States in
    the prosecution of offenders against any provision of this Act
    or other laws of the United States. The cost of maintenance of
    any person so detained resulting from a stay of deportation
    under this subsection and a witness fee in the sum of $1 per
    day for each day such person is so detained may be paid from
    the appropriation for the enforcement of this title. Such alien
    may be released under bond in the penalty of not less than $500
    with security approved by the Attorney General on condition
    that such alien shall be produced when required as a witness
    and for deportation, and on such other conditions as the
    Attorney General may prescribe.
      [(e) Upon the certificate of an examining medical officer to
    the effect that an alien ordered to be excluded and deported
    under this section is helpless from sickness or mental and
    physical disability, or infancy, if such alien is accompanied
    by another alien whose protection or guardianship is required
    by the alien ordered excluded and deported, such accompanying
    alien may also be excluded and deported, and the master,
    commanding officer, agent, owner, or consignee of the vessel or
    aircraft in which such alien and accompanying alien arrived in
    the United States shall be required to return the accompanying
    alien in the same manner as other aliens denied admission and
    ordered deported under this section.]

       expedited [deportation] removal of aliens convicted of committing
                              aggravated felonies

      Sec. [242A.] 238. (a) [Deportation] Removal of Criminal
    Aliens.--
              (1) in general.--The Attorney General shall provide
            for the availability of special [deportation] removal
            proceedings at certain Federal, State, and local
            correctional facilities for aliens convicted of
            aggravated felonies (as defined in section 101(a)(43)).
            Such proceedings shall be conducted in conformity with
            section [242] 240 (except as otherwise provided in this
            section), and in a manner which eliminates the need for
            additional detention at any processing center of the
            Service and in a manner which assures expeditious
            [deportation] removal, where warranted, following the
            end of the alien's incarceration for the underlying
            sentence. Nothing in this section shall be construed to
            create any substantive or procedural right or benefit
            that is legally enforceable by any party against the
            United States or its agencies or officers or any other
            person.
      (2) Implementation.--With respect to an alien convicted of an
    aggravated felony who is taken into custody by the Attorney
    General pursuant to section [242(a)(2)] 236(c), the Attorney
    General shall, to the maximum extent practicable, detain any
    such felon at a facility at which other such aliens are
    detained. In the selection of such facility, the Attorney
    General shall make reasonable efforts to ensure that the
    alien's access to counsel and right to counsel under section
    292 are not impaired.
      (3) expedited proceedings.--(A) Notwithstanding any other
    provision of law, the Attorney General shall provide for the
    initiation and, to the extent possible, the completion of
    [deportation] removal proceedings, and any administrative
    appeals thereof, in the case of any alien convicted of an
    aggravated felony before the alien's release from incarceration
    for the underlying aggravated felony.
      (B) Nothing in this section shall be construed as requiring
    the Attorney General to effect the [deportation] removal of any
    alien sentenced to actual incarceration, before release from
    the penitentiary or correctional institution where such alien
    is confined.
      (4) review.--(A) The Attorney General shall review and
    evaluate [deportation] removal proceedings conducted under this
    section. Within 12 months after the effective date of this
    section, the Attorney General shall submit a report to the
    Committees on the Judiciary of the House of Representatives and
    of the Senate concerning the effectiveness of such
    [deportation] removal proceedings in facilitating the
    [deportation] removal of aliens convicted of aggravated
    felonies.
      (B) The Comptroller General shall monitor, review, and
    evaluate [deportation] removal proceedings conducted under this
    section.
      (b) [Deportation] Removal of Aliens Who Are Not Permanent
    Residents.--
              (1) The Attorney General may, in the case of an alien
            described in paragraph (2), determine the deportability
            of such alien under section [241(a)(2)(A)(iii)]
            237(a)(2)(A)(iii) (relating to conviction of an
            aggravated felony) and issue an order of [deportation]
            removal pursuant to the procedures set forth in this
            subsection or section [242(b)] 240.
              (2) An alien is described in this paragraph if the
            alien--
                      (A) was not lawfully admitted for permanent
                    residence at the time at which proceedings
                    under this section commenced; and
                      (B) is not eligible for any relief from
                    [deportation] removal under this Act.
              (3) The Attorney General may not execute any order
            described in paragraph (1) until 30 calendar days have
            passed from the date that such order was issued, unless
            waived by the alien, in order that the alien has an
            opportunity to apply for judicial review under section
            [106] 242.
              (4) Proceedings before the Attorney General under
            this subsection shall be in accordance with such
            regulations as the Attorney General shall prescribe.
            The Attorney General shall provide that--
                      (A) the alien is given reasonable notice of
                    the charges and of the opportunity described in
                    subparagraph (C);
                      (B) the alien shall have the privilege of
                    being represented (at no expense to the
                    government) by such counsel, authorized to
                    practice in such proccedings, as the alien
                    shall choose;
                      (C) the alien has a reasonable opportunity to
                    inspect the evidence and rebut the charges;
                      (D) a record is maintained for judicial
                    review; and
                      (E) the final order of [deportation] removal
                    is not adjudicated by the same person who
                    issues the charges.
      [(d)] (c) Judicial [Deportation] Removal.--
              (1) Authority.--Notwithstanding any other provision
            of this Act, a United States district court shall have
            jurisdiction to enter a judicial order of [deportation]
            removal at the time of sentencing against an alien
            whose criminal conviction causes such alien to be
            deportable under section 241(a)(2)(A), if such an order
            has been requested by the United States Attorney with
            the concurrence of the Commissioner and if the court
            chooses to exercise such jurisdiction.
              (2) Procedure.--
                      (A) The United States Attorney shall file
                    with the United States district court, and
                    serve upon the defendant and the Service, prior
                    to commencement of the trial or entry of a
                    guilty plea a notice of intent to request
                    judicial [deportation] removal.
                      (B) Notwithstanding section 242B, the United
                    States Attorney, with the concurrence of the
                    Commissioner, shall file at least 30 days prior
                    to the date set for sentencing a charge
                    containing factual allegations regarding the
                    alienage of the defendant and identifying the
                    crime or crimes which make the defendant
                    deportable under section 241(a)(2)(A).
                      (C) If the court determines that the
                    defendant has presented substantial evidence to
                    establish prima facie eligibility for relief
                    from [deportation] removal under this Act, the
                    Commissioner shall provide the court with a
                    recommendation and report regarding the alien's
                    eligibility for relief. The court shall either
                    grant or deny the relief sought.
                      (D)(i) The alien shall have a reasonable
                    opportunity to examine the evidence against him
                    or her, to present evidence on his or her own
                    behalf, and to cross-examine witnesses
                    presented by the Government.
                      (ii) The court, for the purposes of
                    determining whether to enter an order described
                    in paragraph (1), shall only consider evidence
                    that would be admissible in proceedings
                    conducted pursuant to section [242(b)] 240.
                      (iii) Nothing in this subsection shall limit
                    the information a court of the United States
                    may receive or consider for the purposes of
                    imposing an appropriate sentence.
                      (iv) The court may order the alien [deported]
                    removed if the Attorney General demonstrates
                    that the alien is deportable under this Act.
              (3) Notice, appeal, and execution of judicial order
            of [deportation] removal.--
                      (A)(i) A judicial order of [deportation]
                    removal or denial of such order may be appealed
                    by either party to the court of appeals for the
                    circuit in which the district court is located.
                      (ii) Except as provided in clause (iii), such
                    appeal shall be considered consistent with the
                    requirements described in section [106] 242.
                      (iii) Upon execution by the defendant of a
                    valid waiver of the right to appeal the
                    conviction on which the order of [deportation]
                    removal is based, the expiration of the period
                    described in section [106(a)(1)] 242(b)(1), or
                    the final dismissal of an appeal from such
                    conviction, the order of [deportation] removal
                    shall become final and shall be executed at the
                    end of the prison term in accordance with the
                    terms of the order. If the conviction is
                    reversed on direct appeal, the order entered
                    pursuant to this section shall be void.
                      (B) As soon as is practicable after entry of
                    a judicial order of [deportation] removal, the
                    Commissioner shall provide the defendant with
                    written notice of the order of [deportation]
                    removal, which shall designate the defendant's
                    country of choice for [deportation] removal and
                    any alternate country pursuant to section
                    243(a).
              (4) Denial of judicial order.--Denial without a
            decision on the merits of a request for a judicial
            order of [deportation] removal shall not preclude the
            Attorney General from initiating [deportation] removal
            proceedings pursuant to section [242] 240 upon the same
            ground of deportability or upon any other ground of
            deportability provided under section 241(a).

                       initiation of removal proceedings

      Sec. 239. (a) Notice to Appear.--
              (1) In general.--In removal proceedings under section
            240, written notice (in this section referred to as a
            ``notice to appear'') shall be given in person to the
            alien (or, if personal service is not practicable,
            through service by mail to the alien or to the alien's
            counsel of record, if any) specifying the following:
                      (A) The nature of the proceedings against the
                    alien.
                      (B) The legal authority under which the
                    proceedings are conducted.
                      (C) The acts or conduct alleged to be in
                    violation of law.
                      (D) The charges against the alien and the
                    statutory provisions alleged to have been
                    violated.
                      (E) The alien may be represented by counsel
                    and the alien will be provided (i) a period of
                    time to secure counsel under subsection (b)(1)
                    and (ii) a current list of counsel prepared
                    under subsection (b)(2).
                      (F)(i) The requirement that the alien must
                    immediately provide (or have provided) the
                    Attorney General with a written record of an
                    address and telephone number (if any) at which
                    the alien may be contacted respecting
                    proceedings under section 240.
                      (ii) The requirement that the alien must
                    provide the Attorney General immediately with a
                    written record of any change of the alien's
                    address or telephone number.
                      (iii) The consequences under section
                    240(b)(5) of failure to provide address and
                    telephone information pursuant to this
                    subparagraph.
                      (G)(i) The time and place at which the
                    proceedings will be held.
                      (ii) The consequences under section 240(b)(5)
                    of the failure, except under exceptional
                    circumstances, to appear at such proceedings.
              (2) Notice of change in time or place of
            proceedings.--
                      (A) In general.--In removal proceedings under
                    section 240, in the case of any change or
                    postponement in the time and place of such
                    proceedings, subject to subparagraph (B) a
                    written notice shall be given in person to the
                    alien (or, if personal service is not
                    practicable, through service by mail to the
                    alien or to the alien's counsel of record, if
                    any) specifying--
                              (i) the new time or place of the
                            proceedings, and
                              (ii) the consequences under section
                            240(b)(5) of failing, except under
                            exceptional circumstances, to attend
                            such proceedings.
                      (B) Exception.--In the case of an alien not
                    in detention, a written notice shall not be
                    required under this paragraph if the alien has
                    failed to provide the address required under
                    paragraph (1)(F).
              (3) Central address files.--The Attorney General
            shall create a system to record and preserve on a
            timely basis notices of addresses and telephone numbers
            (and changes) provided under paragraph (1)(F).
      (b) Securing of Counsel.--
              (1) In general.--In order that an alien be permitted
            the opportunity to secure counsel before the first
            hearing date in proceedings under section 240, the
            hearing date shall not be scheduled earlier than 10
            days after the service of the notice to appear, unless
            the alien requests in writing an earlier hearing date.
              (2) Current lists of counsel.--The Attorney General
            shall provide for lists (updated not less often than
            quarterly) of persons who have indicated their
            availability to represent pro bono aliens in
            proceedings under section 240. Such lists shall be
            provided under subsection (a)(1)(E) and otherwise made
            generally available.
      (c) Service by Mail.--Service by mail under this section
    shall be sufficient if there is proof of attempted delivery to
    the last address provided by the alien in accordance with
    subsection (a)(1)(F).
      (d) Prompt Initiation of Removal.--(1) In the case of an
    alien who is convicted of an offense which makes the alien
    deportable, the Attorney General shall begin any removal
    proceeding as expeditiously as possible after the date of the
    conviction.
      (2) Nothing in this subsection shall be construed to create
    any substantive or procedural right or benefit that is legally
    enforceable by any party against the United States or its
    agencies or officers or any other person.

                              removal proceedings

      Sec. 240. (a) Proceeding.--
              (1) In general.--An immigration judge shall conduct
            proceedings for deciding the inadmissibility or
            deportability of an alien.
              (2) Charges.--An alien placed in proceedings under
            this section may be charged with any applicable ground
            of inadmissibility under section 212(a) or any
            applicable ground of deportability under section
            237(a).
              (3) Exclusive procedures.--Unless otherwise specified
            in this Act, a proceeding under this section shall be
            the sole and exclusive procedure for determining
            whether an alien may be admitted to the United States
            or, if the alien has been so admitted, removed from the
            United States. Nothing in this section shall affect
            proceedings conducted pursuant to section 238.
      (b) Conduct of Proceeding.--
              (1) Authority of immigration judge.--The immigration
            judge shall administer oaths, receive evidence, and
            interrogate, examine, and cross-examine the alien and
            any witnesses. The immigration judge may issue
            subpoenas for the attendance of witnesses and
            presentation of evidence. The immigration judge shall
            have authority (under regulations prescribed by the
            Attorney General) to sanction by civil money penalty
            any action (or inaction) in contempt of the judge's
            proper exercise of authority under this Act.
              (2) Form of proceeding.--
                      (A) In general.--The proceeding may take
                    place--
                              (i) in person,
                              (ii) through video conference, or
                              (iii) subject to subparagraph (B),
                            through telephone conference.
                      (B) Consent required in certain cases.--An
                    evidentiary hearing on the merits may only be
                    conducted through a telephone conference with
                    the consent of the alien involved after the
                    alien has been advised of the right to proceed
                    in person or through video conference.
              (3) Presence of alien.--If it is impracticable by
            reason of an alien's mental incompetency for the alien
            to be present at the proceeding, the Attorney General
            shall prescribe safeguards to protect the rights and
            privileges of the alien.
              (4) Aliens rights in proceeding.--In proceedings
            under this section, under regulations of the Attorney
            General--
                      (A) the alien shall have the privilege of
                    being represented, at no expense to the
                    Government, by counsel of the alien's choosing
                    who is authorized to practice in such
                    proceedings,
                      (B) the alien shall have a reasonable
                    opportunity to examine the evidence against the
                    alien, to present evidence on the alien's own
                    behalf, and to cross-examine witnesses
                    presented by the Government, and
                      (C) a complete record shall be kept of all
                    testimony and evidence produced at the
                    proceeding.
              (5) Consequences of failure to appear.--
                      (A) In general.--Any alien who, after written
                    notice required under paragraph (1) or (2) of
                    section 239(a) has been provided to the alien
                    or the alien's counsel of record, does not
                    attend a proceeding under this section, shall
                    be ordered removed in absentia if the Service
                    establishes by clear, unequivocal, and
                    convincing evidence that the written notice was
                    so provided and that the alien is removable (as
                    defined in subsection (e)(2)). The written
                    notice by the Attorney General shall be
                    considered sufficient for purposes of this
                    subparagraph if provided at the most recent
                    address provided under section 239(a)(1)(F).
                      (B) No notice if failure to provide address
                    information.--No written notice shall be
                    required under subparagraph (A) if the alien
                    has failed to provide the address required
                    under section 239(a)(1)(F).
                      (C) Rescission of order.--Such an order may
                    be rescinded only--
                              (i) upon a motion to reopen filed
                            within 180 days after the date of the
                            order of removal if the alien
                            demonstrates that the failure to appear
                            was because of exceptional
                            circumstances (as defined in subsection
                            (e)(1)), or
                              (ii) upon a motion to reopen filed at
                            any time if the alien demonstrates that
                            the alien did not receive notice in
                            accordance with paragraph (1) or (2) of
                            section 239(a) or the alien
                            demonstrates that the alien was in
                            Federal or State custody and did not
                            appear through no fault of the alien.
                    The filing of the motion to reopen described in
                    clause (i) or (ii) shall stay the removal of
                    the alien pending disposition of the motion.
                      (D) Effect on judicial review.--Any petition
                    for review under section 242 of an order
                    entered in absentia under this paragraph shall
                    (except in cases described in section
                    242(b)(5)) be confined to (i) the validity of
                    the notice provided to the alien, (ii) the
                    reasons for the alien's not attending the
                    proceeding, and (iii) whether or not the alien
                    is removable.
              (6) Treatment of frivolous behavior.--The Attorney
            General shall, by regulation--
                      (A) define in a proceeding before an
                    immigration judge or before an appellate
                    administrative body under this title, frivolous
                    behavior for which attorneys may be sanctioned,
                      (B) specify the circumstances under which an
                    administrative appeal of a decision or ruling
                    will be considered frivolous and will be
                    summarily dismissed, and
                      (C) impose appropriate sanctions (which may
                    include suspension and disbarment) in the case
                    of frivolous behavior.
            Nothing in this paragraph shall be construed as
            limiting the authority of the Attorney General to take
            actions with respect to inappropriate behavior.
              (7) Limitation on discretionary relief for failure to
            appear.--Any alien against whom a final order of
            removal is entered in absentia under this subsection
            and who, at the time of the notice described in
            paragraph (1) or (2) of section 239(a), was provided
            oral notice, either in the alien's native language or
            in another language the alien understands, of the time
            and place of the proceedings and of the consequences
            under this paragraph of failing, other than because of
            exceptional circumstances (as defined in subsection
            (e)(1)) to attend a proceeding under this section,
            shall not be eligible for relief under section 240A,
            240B, 245, 248, or 249 for a period of 10 years after
            the date of the entry of the final order of removal.
      (c) Decision and Burden of Proof.--
              (1) Decision.--
                      (A) In general.--At the conclusion of the
                    proceeding the immigration judge shall decide
                    whether an alien is removable from the United
                    States. The determination of the immigration
                    judge shall be based only on the evidence
                    produced at the hearing.
                      (B) Certain medical decisions.--If a medical
                    officer or civil surgeon or board of medical
                    officers has certified under section 232(b)
                    that an alien has a disease, illness, or
                    addiction which would make the alien
                    inadmissible under paragraph (1) of section
                    212(a), the decision of the immigration judge
                    shall be based solely upon such certification.
              (2) Burden on alien.--In the proceeding the alien has
            the burden of establishing--
                      (A) if the alien is an applicant for
                    admission, that the alien is clearly and beyond
                    doubt entitled to be admitted and is not
                    inadmissible under section 212; or
                      (B) by clear and convincing evidence, that
                    the alien is lawfully present in the United
                    States pursuant to a prior admission.
            In meeting the burden of proof under subparagraph (B),
            the alien shall have access to the alien's visa or
            other entry document, if any, and any other records and
            documents, not considered by the Attorney General to be
            confidential, pertaining to the alien's admission or
            presence in the United States.
              (3) Burden on service in cases of deportable
            aliens.--In the proceeding the Service has the burden
            of establishing by clear and convincing evidence that,
            in the case of an alien who has been admitted to the
            United States, the alien is deportable. No decision on
            deportability shall be valid unless it is based upon
            reasonable, substantial, and probative evidence.
              (4) Notice.--If the immigration judge decides that
            the alien is removable and orders the alien to be
            removed, the judge shall inform the alien of the right
            to appeal that decision and of the consequences for
            failure to depart under the order of removal, including
            civil and criminal penalties.
              (5) Motions to reconsider.--
                      (A) In general.--The alien may file one
                    motion to reconsider a decision that the alien
                    is removable from the United States.
                      (B) Deadline.--The motion must be filed
                    within 30 days of the date of entry of a final
                    administrative order of removal.
                      (C) Contents.--The motion shall specify the
                    errors of law or fact in the previous order and
                    shall be supported by pertinent authority.
              (6) Motions to reopen.--
                      (A) In general.--An alien may file one motion
                    to reopen proceedings under this section.
                      (B) Contents.--The motion to reopen shall
                    state the new facts that will be proven at a
                    hearing to be held if the motion is granted,
                    and shall be supported by affidavits or other
                    evidentiary material.
                      (C) Deadline.--
                              (i) In general.--Except as provided
                            in this subparagraph, the motion to
                            reopen shall be filed within 90 days of
                            the date of entry of a final
                            administrative order of removal.
                              (ii) Asylum.--There is no time limit
                            on the filing of a motion to reopen if
                            the basis of the motion is to apply for
                            relief under sections 208 or 241(b)(3)
                            and is based on changed country
                            conditions arising in the country of
                            nationality or the country to which
                            removal has been ordered, if such
                            evidence is material and was not
                            available and would not have been
                            discovered or presented at the previous
                            proceeding.
                              (iii) Failure to appear.--A motion to
                            reopen may be filed within 180 days
                            after the date of the final order of
                            removal if the order has been entered
                            pursuant to subsection (b)(5) due to
                            the alien's failure to appear for
                            proceedings under this section and the
                            alien establishes that the alien's
                            failure to appear was because of
                            exceptional circumstances beyond the
                            control of the alien or because the
                            alien did not receive the notice
                            required under section 239(a)(2).
      (d) Stipulated Removal.--The Attorney General shall provide
    by regulation for the entry by an immigration judge of an order
    of removal stipulated to by the alien (or the alien's
    representative) and the Service. A stipulated order shall
    constitute a conclusive determination of the alien's
    removability from the United States.
      (e) Definitions.--In this section and section 240A:
              (1) Exceptional circumstances.--The term
            ``exceptional circumstances'' refers to exceptional
            circumstances (such as serious illness of the alien or
            serious illness or death of the spouse, child, or
            parent of the alien, but not including less compelling
            circumstances) beyond the control of the alien.
              (2) Removable.--The term ``removable'' means--
                      (A) in the case of an alien not admitted to
                    the United States, that the alien is
                    inadmissible under section 212, or
                      (B) in the case of an alien admitted to the
                    United States, that the alien is deportable
                    under section 237.

                 cancellation of removal; adjustment of status

      Sec. 240A. (a) Cancellation of Removal for Certain Permanent
    Residents.--The Attorney General may cancel removal in the case
    of an alien who is inadmissible or deportable from the United
    States if the alien--
              (1) has been an alien lawfully admitted for permanent
            residence for not less than 5 years,
              (2) has resided in the United States continuously for
            7 years after having been admitted in any status, and
              (3) has not been convicted of an aggravated felony or
            felonies for which the alien has been sentenced, in the
            aggregate, to a term of imprisonment of at least 5
            years.
      (b) Cancellation of Removal and Adjustment of Status for
    Certain Nonpermanent Residents.--
              (1) In general.--The Attorney General may cancel
            removal in the case of an alien who is inadmissible or
            deportable from the United States if the alien--
                      (A) has been physically present in the United
                    States for a continuous period of not less than
                    7 years immediately preceding the date of such
                    application;
                      (B) has been a person of good moral character
                    during such period;
                      (C) has not been convicted of an aggravated
                    felony; and
                      (D) establishes that removal would result in
                    extreme hardship to the alien or to the alien's
                    spouse, parent, or child, who is a citizen of
                    the United States or an alien lawfully admitted
                    for permanent residence.
              (2) Special rule for battered spouse or child.--The
            Attorney General may cancel removal in the case of an
            alien who is inadmissible or deportable from the United
            States if the alien--
                      (A) has been battered or subjected to extreme
                    cruelty in the United States by a spouse or
                    parent who is a United States citizen or lawful
                    permanent resident (or is the parent of a child
                    of a United States citizen or lawful permanent
                    resident and the child has been battered or
                    subjected to extreme cruelty in the United
                    States by such citizen or permanent resident
                    parent);
                      (B) has been physically present in the United
                    States for a continuous period of not less than
                    3 years immediately preceding the date of such
                    application;
                      (C) has been a person of good moral character
                    during such period;
                      (D) is not inadmissible under paragraph (2)
                    or (3) of section 212(a), is not deportable
                    under paragraph (1)(G) or (2) through (4) of
                    section 237(a), and has not been convicted of
                    an aggravated felony; and
                      (E) establishes that removal would result in
                    extreme hardship to the alien, the alien's
                    child, or (in the case of an alien who is a
                    child) to the alien's parent.
            In acting on applications under this paragraph, the
            Attorney General shall consider any credible evidence
            relevant to the application. The determination of what
            evidence is credible and the weight to be given that
            evidence shall be within the sole discretion of the
            Attorney General.
              (3) Adjustment of status.--The Attorney General may
            adjust to the status of an alien lawfully admitted for
            permanent residence any alien who the Attorney General
            determines meets the requirements of paragraph (1) or
            (2). The number of adjustments under this paragraph
            shall not exceed 4,000 for any fiscal year. The
            Attorney General shall record the alien's lawful
            admission for permanent residence as of the date the
            Attorney General's cancellation of removal under
            paragraph (1) or (2) or determination under this
            paragraph.
      (c) Aliens Ineligible for Relief.--The provisions of
    subsections (a) and (b)(1) shall not apply to any of the
    following aliens:
              (1) An alien who entered the United States as a
            crewman subsequent to June 30, 1964.
              (2) An alien who was admitted to the United States as
            a nonimmigrant exchange alien as defined in section
            101(a)(15)(J), or has acquired the status of such a
            nonimmigrant exchange alien after admission, in order
            to receive graduate medical education or training,
            regardless of whether or not the alien is subject to or
            has fulfilled the two-year foreign residence
            requirement of section 212(e).
              (3) An alien who--
                      (A) was admitted to the United States as a
                    nonimmigrant exchange alien as defined in
                    section 101(a)(15)(J) or has acquired the
                    status of such a nonimmigrant exchange alien
                    after admission other than to receive graduate
                    medical education or training,
                      (B) is subject to the two-year foreign
                    residence requirement of section 212(e), and
                      (C) has not fulfilled that requirement or
                    received a waiver thereof.
              (4) An alien who is inadmissible under section
            212(a)(3) or deportable under subparagraph (B) or (D)
            of section 237(a)(4).
      (d) Special Rules Relating to Continuous Residence or
    Physical Presence.--
              (1) Termination of continuous period.--For purposes
            of this section, any period of continuous residence or
            continuous physical presence in the United States shall
            be deemed to end when the alien is served a notice to
            appear under section 239(a).
              (2) Treatment of certain breaks in presence.--An
            alien shall be considered to have failed to maintain
            continuous physical presence in the United States under
            subsections (b)(1) and (b)(2) if the alien has departed
            from the United States for any periods in the aggregate
            exceeding 180 days, unless the Attorney General finds
            that return could not be accomplished within that time
            period due to emergent reasons.
              (3) Continuity not required because of honorable
            service in armed forces and presence upon entry into
            service.--The requirements of continuous residence or
            continuous physical presence in the United States under
            subsections (a) and (b) shall not apply to an alien
            who--
                      (A) has served for a minimum period of 24
                    months in an active-duty status in the Armed
                    Forces of the United States and, if separated
                    from such service, was separated under
                    honorable conditions, and
                      (B) at the time of the alien's enlistment or
                    induction was in the United States.

                              voluntary departure

      Sec. 240B. (a) Certain Conditions.--
              (1) In general.--The Attorney General may permit an
            alien voluntarily to depart the United States at the
            alien's own expense under this subsection, in lieu of
            being subject to proceedings under section 240 or prior
            to the completion of such proceedings, if the alien is
            not deportable under section 237(a)(2)(A)(iii) or
            section 237(a)(4)(B).
              (2) Period.--Permission to depart voluntarily under
            this subsection shall not be valid for a period
            exceeding 120 days.
              (3) Bond.--The Attorney General may require an alien
            permitted to depart voluntarily under this subsection
            to post a voluntary departure bond, to be surrendered
            upon proof that the alien has departed the United
            States within the time specified.
              (4) Treatment of aliens arriving in the united
            states.--In the case of an alien who is arriving in the
            United States and with respect to whom proceedings
            under section 240 are (or would otherwise be) initiated
            at the time of such alien's arrival, paragraph (1)
            shall not apply. Nothing in this paragraph shall be
            construed as preventing such an alien from withdrawing
            the application for admission in accordance with
            section 235(a)(4).
      (b) At Conclusion of Proceedings.--
              (1) In general.--The Attorney General may permit an
            alien voluntarily to depart the United States at the
            alien's own expense if, at the conclusion of a
            proceeding under section 240, the immigration judge
            enters an order granting voluntary departure in lieu of
            removal and finds that--
                      (A) the alien has been physically present in
                    the United States for a period of at least one
                    year immediately preceding the date the notice
                    to appear was served under section 239(a);
                      (B) the alien is, and has been, a person of
                    good moral character for at least 5 years
                    immediately preceding the alien's application
                    for voluntary departure;
                      (C) the alien is not deportable under section
                    237(a)(2)(A)(iii) or section 237(a)(4); and
                      (D) the alien has established by clear and
                    convincing evidence that the alien has the
                    means to depart the United States and intends
                    to do so.
              (2) Period.--Permission to depart voluntarily under
            this subsection shall not be valid for a period
            exceeding 60 days.
              (3) Bond.--An alien permitted to depart voluntarily
            under this subsection shall be required to post a
            voluntary departure bond, in an amount necessary to
            ensure that the alien will depart, to be surrendered
            upon proof that the alien has departed the United
            States within the time specified.
      (c) Aliens Not Eligible.--The Attorney General shall not
    permit an alien to depart voluntarily under this section if the
    alien was previously permitted to so depart after having been
    found inadmissible under section 212(a)(9).
      (d) Civil Penalty for Failure to Depart.--If an alien is
    permitted to depart voluntarily under this section and fails
    voluntarily to depart the United States within the time period
    specified, the alien shall be subject to a civil penalty of not
    less than $1,000 and not more than $5,000, and be ineligible
    for a period of 10 years for any further relief under this
    section and sections 240A, 245, 248, and 249.
      (e) Additional Conditions.--The Attorney General may by
    regulation limit eligibility for voluntary departure under this
    section for any class or classes of aliens.
      (f) Appeals of Denials.--An alien may appeal from denial of a
    request for an order of voluntary departure under subsection
    (b) in accordance with the procedures in section 242.
    Notwithstanding the pendency of such appeal, the alien shall be
    removable from the United States 60 days after entry of the
    order of removal. The alien's removal from the United States
    shall not moot the appeal.

                              records of admission

      Sec. [240.] 240C. (a) The Attorney General shall cause to be
    filed, as a record of admission of each immigrant, the
    immigrant visa required by section 221(e) to be surrendered at
    the port of entry by the arriving alien to an immigration
    officer.
      (b) The Attorney General shall cause to be filed such record
    of the [entry] admission into the United States of each
    immigrant admitted under section 211(b) and of each
    nonimmigrant as the Attorney General deems necessary for the
    enforcement of the immigration laws.

                detention and removal of aliens ordered removed

      Sec. 241. (a) Detention, Release, and Removal of Aliens
    Ordered Removed.--
              (1) Removal period.--
                      (A) In general.--Except as otherwise provided
                    in this section, when an alien is ordered
                    removed, the Attorney General shall remove the
                    alien from the United States within a period of
                    90 days (in this section referred to as the
                    ``removal period'').
                      (B) Beginning of period.--The removal period
                    begins on the latest of the following:
                              (i) The date the order of removal
                            becomes administratively final.
                              (ii) If the removal order is
                            judicially reviewed and such review
                            serves to stay the removal of the
                            alien, the date of the court's final
                            order.
                              (iii) If the alien is detained or
                            confined (except under an immigration
                            process), the date the alien is
                            released from detention or confinement.
                      (C) Suspension of period.--The removal period
                    shall be extended beyond a period of 90 days
                    and the alien may remain in detention during
                    such extended period if the alien willfully
                    fails or refuses to make timely application in
                    good faith for travel or other documents
                    necessary to the alien's departure or conspires
                    or acts to prevent the alien's removal subject
                    to an order of removal.
              (2) Detention and release by the attorney general.--
            During the removal period, the Attorney General shall
            detain the alien. If there is insufficient detention
            space to detain the alien, the Attorney General shall
            make a specific finding to this effect and may release
            the alien on a bond containing such conditions as the
            Attorney General may prescribe.
              (3) Supervision after 90-day period.--If the alien
            does not leave or is not removed within the removal
            period, the alien, pending removal, shall be subject to
            supervision under regulations prescribed by the
            Attorney General. The regulations shall include
            provisions requiring the alien--
                      (A) to appear before an immigration officer
                    periodically for identification;
                      (B) to submit, if necessary, to a medical and
                    psychiatric examination at the expense of the
                    United States Government;
                      (C) to give information under oath about the
                    alien's nationality, circumstances, habits,
                    associations, and activities, and other
                    information the Attorney General considers
                    appropriate; and
                      (D) to obey reasonable written restrictions
                    on the alien's conduct or activities that the
                    Attorney General prescribes for the alien.
              (4) Aliens imprisoned, arrested, or on parole,
            supervised release, or probation.--Except as provided
            in section 343(a) of the Public Health Service Act (42
            U.S.C. 259(a)), the Attorney General may not remove an
            alien who is sentenced to imprisonment until the alien
            is released from imprisonment. Parole, supervised
            release, probation, or possibility of arrest or further
            imprisonment is not a reason to defer removal.
              (5) Reinstatement of removal orders against aliens
            illegally reentering.--If the Attorney General finds
            that an alien has reentered the United States illegally
            after having been removed or having departed
            voluntarily, under an order of removal, the prior order
            of removal is reinstated from its original date and is
            not subject to being reopened or reviewed, and the
            alien shall be removed under the prior order at any
            time after the reentry.
              (6) Inadmissible aliens.--An alien ordered removed
            who is inadmissible under section 212 may be detained
            beyond the removal period and, if released, shall be
            subject to the terms of supervision in paragraph (3).
              (7) Employment authorization.--No alien ordered
            removed shall be eligible to receive authorization to
            be employed in the United States unless the Attorney
            General makes a specific finding that--
                      (A) the alien cannot be removed due to the
                    refusal of all countries designated by the
                    alien or under this section to receive the
                    alien, or
                      (B) the removal of the alien is otherwise
                    impracticable or contrary to the public
                    interest.
      (b) Countries to Which Aliens May Be Removed.--
              (1) Aliens arriving at the united states.--Subject to
            paragraph (3)--
                      (A) In general.--Except as provided by
                    subparagraphs (B) and (C), an alien who arrives
                    at the United States and with respect to whom
                    proceedings under section 240 were initiated at
                    the time of such alien's arrival shall be
                    removed to the country in which the alien
                    boarded the vessel or aircraft on which the
                    alien arrived in the United States.
                      (B) Travel from contiguous territory.--If the
                    alien boarded the vessel or aircraft on which
                    the alien arrived in the United States in a
                    foreign territory contiguous to the United
                    States, an island adjacent to the United
                    States, or an island adjacent to a foreign
                    territory contiguous to the United States, and
                    the alien is not a native, citizen, subject, or
                    national of, or does not reside in, the
                    territory or island, removal shall be to the
                    country in which the alien boarded the vessel
                    that transported the alien to the territory or
                    island.
                      (C) Alternative countries.--If the government
                    of the country designated in subparagraph (A)
                    or (B) is unwilling to accept the alien into
                    that country's territory, removal shall be to
                    any of the following countries, as directed by
                    the Attorney General:
                              (i) The country of which the alien is
                            a citizen, subject, or national.
                              (ii) The country in which the alien
                            was born.
                              (iii) The country in which the alien
                            has a residence.
                              (iv) A country with a government that
                            will accept the alien into the
                            country's territory if removal to each
                            country described in a previous clause
                            of this subparagraph is impracticable,
                            inadvisable, or impossible.
              (2) Other aliens.--Subject to paragraph (3)--
                      (A) Selection of country by alien.--Except as
                    otherwise provided in this paragraph--
                              (i) any alien not described in
                            paragraph (1) who has been ordered
                            removed may designate one country to
                            which the alien wants to be removed,
                            and
                              (ii) the Attorney General shall
                            remove the alien to the country the
                            alien so designates.
                      (B) Limitation on designation.--An alien may
                    designate under subparagraph (A)(i) a foreign
                    territory contiguous to the United States, an
                    adjacent island, or an island adjacent to a
                    foreign territory contiguous to the United
                    States as the place to which the alien is to be
                    removed only if the alien is a native, citizen,
                    subject, or national of, or has resided in,
                    that designated territory or island.
                      (C) Disregarding designation.--The Attorney
                    General may disregard a designation under
                    subparagraph (A)(i) if--
                              (i) the alien fails to designate a
                            country promptly;
                              (ii) the government of the country
                            does not inform the Attorney General
                            finally, within 30 days after the date
                            the Attorney General first inquires,
                            whether the government will accept the
                            alien into the country;
                              (iii) the government of the country
                            is not willing to accept the alien into
                            the country; or
                              (iv) the Attorney General decides
                            that removing the alien to the country
                            is prejudicial to the United States.
                      (D) Alternative country.--If an alien is not
                    removed to a country designated under
                    subparagraph (A)(i), the Attorney General shall
                    remove the alien to a country of which the
                    alien is a subject, national, or citizen unless
                    the government of the country--
                              (i) does not inform the Attorney
                            General or the alien finally, within 30
                            days after the date the Attorney
                            General first inquires or within
                            another period of time the Attorney
                            General decides is reasonable, whether
                            the government will accept the alien
                            into the country; or
                              (ii) is not willing to accept the
                            alien into the country.
                      (E) Additional removal countries.--If an
                    alien is not removed to a country under the
                    previous subparagraphs of this paragraph, the
                    Attorney General shall remove the alien to any
                    of the following countries:
                              (i) The country from which the alien
                            was admitted to the United States.
                              (ii) The country in which is located
                            the foreign port from which the alien
                            left for the United States or for a
                            foreign territory contiguous to the
                            United States.
                              (iii) A country in which the alien
                            resided before the alien entered the
                            country from which the alien entered
                            the United States.
                              (iv) The country in which the alien
                            was born.
                              (v) The country that had sovereignty
                            over the alien's birthplace when the
                            alien was born.
                              (vi) The country in which the alien's
                            birthplace is located when the alien is
                            ordered removed.
                              (vii) If impracticable, inadvisable,
                            or impossible to remove the alien to
                            each country described in a previous
                            clause of this subparagraph, another
                            country whose government will accept
                            the alien into that country.
                      (F) Removal country when united states is at
                    war.--When the United States is at war and the
                    Attorney General decides that it is
                    impracticable, inadvisable, inconvenient, or
                    impossible to remove an alien under this
                    subsection because of the war, the Attorney
                    General may remove the alien--
                              (i) to the country that is host to a
                            government in exile of the country of
                            which the alien is a citizen or subject
                            if the government of the host country
                            will permit the alien's entry; or
                              (ii) if the recognized government of
                            the country of which the alien is a
                            citizen or subject is not in exile, to
                            a country, or a political or
                            territorial subdivision of a country,
                            that is very near the country of which
                            the alien is a citizen or subject, or,
                            with the consent of the government of
                            the country of which the alien is a
                            citizen or subject, to another country.
      (c) Removal of Aliens Arriving at Port of Entry.--
              (1) Vessels and aircraft.--An alien arriving at a
            port of entry of the United States who is ordered
            removed either without a hearing under section
            235(a)(1) or 235(c) or pursuant to proceedings under
            section 240 initiated at the time of such alien's
            arrival shall be removed immediately on a vessel or
            aircraft owned by the owner of the vessel or aircraft
            on which the alien arrived in the United States,
            unless--
                      (A) it is impracticable to remove the alien
                    on one of those vessels or aircraft within a
                    reasonable time, or
                      (B) the alien is a stowaway--
                              (i) who has been ordered removed in
                            accordance with section 235(a)(1),
                              (ii) who has requested asylum, and
                              (iii) whose application has not been
                            adjudicated or whose asylum application
                            has been denied but who has not
                            exhausted all appeal rights.
              (2) Stay of removal.--
                      (A) In general.--The Attorney General may
                    stay the removal of an alien under this
                    subsection if the Attorney General decides
                    that--
                              (i) immediate removal is not
                            practicable or proper; or
                              (ii) the alien is needed to testify
                            in the prosecution of a person for a
                            violation of a law of the United States
                            or of any State.
                      (B) Payment of detention costs.--During the
                    period an alien is detained because of a stay
                    of removal under subparagraph (A)(ii), the
                    Attorney General may pay from the appropriation
                    ``Immigration and Naturalization Service--
                    Salaries and Expenses''--
                              (i) the cost of maintenance of the
                            alien; and
                              (ii) a witness fee of $1 a day.
                      (C) Release during stay.--The Attorney
                    General may release an alien whose removal is
                    stayed under subparagraph (A)(ii) on--
                              (i) the alien's filing a bond of at
                            least $500 with security approved by
                            the Attorney General;
                              (ii) condition that the alien appear
                            when required as a witness and for
                            removal; and
                              (iii) other conditions the Attorney
                            General may prescribe.
              (3) Costs of detention and maintenance pending
            removal.--
                      (A) In general.--Except as provided in
                    subparagraph (B) and subsection (d), an owner
                    of a vessel or aircraft bringing an alien to
                    the United States shall pay the costs of
                    detaining and maintaining the alien--
                              (i) while the alien is detained under
                            subsection (d)(1), and
                              (ii) in the case of an alien who is a
                            stowaway, while the alien is being
                            detained pursuant to--
                                      (I) subsection (d)(2)(A) or
                                    (d)(2)(B)(i),
                                      (II) subsection (d)(2)(B)(ii)
                                    or (iii) for the period of time
                                    reasonably necessary for the
                                    owner to arrange for
                                    repatriation or removal of the
                                    stowaway, including obtaining
                                    necessary travel documents, but
                                    not to extend beyond the date
                                    on which it is ascertained that
                                    such travel documents cannot be
                                    obtained from the country to
                                    which the stowaway is to be
                                    returned, or
                                      (III) section
                                    235(b)(1)(B)(ii), for a period
                                    not to exceed 15 days
                                    (excluding Saturdays, Sundays,
                                    and holidays) commencing on the
                                    first such day which begins on
                                    the earlier of 72 hours after
                                    the time of the initial
                                    presentation of the stowaway
                                    for inspection or at the time
                                    the stowaway is determined to
                                    have a credible fear of
                                    persecution.
                      (B) Nonapplication.--Subparagraph (A) shall
                    not apply if--
                              (i) the alien is a crewmember;
                              (ii) the alien has an immigrant visa;
                              (iii) the alien has a nonimmigrant
                            visa or other documentation authorizing
                            the alien to apply for temporary
                            admission to the United States and
                            applies for admission not later than
                            120 days after the date the visa or
                            documentation was issued;
                              (iv) the alien has a reentry permit
                            and applies for admission not later
                            than 120 days after the date of the
                            alien's last inspection and admission;
                              (v)(I) the alien has a nonimmigrant
                            visa or other documentation authorizing
                            the alien to apply for temporary
                            admission to the United States or a
                            reentry permit;
                              (II) the alien applies for admission
                            more than 120 days after the date the
                            visa or documentation was issued or
                            after the date of the last inspection
                            and admission under the reentry permit;
                            and
                              (III) the owner of the vessel or
                            aircraft satisfies the Attorney General
                            that the existence of the condition
                            relating to inadmissibility could not
                            have been discovered by exercising
                            reasonable care before the alien
                            boarded the vessel or aircraft; or
                              (vi) the individual claims to be a
                            national of the United States and has a
                            United States passport.
       (d) Requirements of Persons Providing Transportation.--
              (1) Removal at time of arrival.--An owner, agent,
            master, commanding officer, person in charge, purser,
            or consignee of a vessel or aircraft bringing an alien
            (except an alien crewmember) to the United States
            shall--
                      (A) receive an alien back on the vessel or
                    aircraft or another vessel or aircraft owned or
                    operated by the same interests if the alien is
                    ordered removed under this part; and
                      (B) take the alien to the foreign country to
                    which the alien is ordered removed.
              (2) Alien stowaways.--An owner, agent, master,
            commanding officer, charterer, or consignee of a vessel
            or aircraft arriving in the United States with an alien
            stowaway--
                      (A) shall detain the alien on board the
                    vessel or aircraft, or at such place as the
                    Attorney General shall designate, until
                    completion of the inspection of the alien by an
                    immigration officer;
                      (B) may not permit the stowaway to land in
                    the United States, except pursuant to
                    regulations of the Attorney General
                    temporarily--
                              (i) for medical treatment,
                              (ii) for detention of the stowaway by
                            the Attorney General, or
                              (iii) for departure or removal of the
                            stowaway; and
                      (C) if ordered by an immigration officer,
                    shall remove the stowaway on the vessel or
                    aircraft or on another vessel or aircraft.
            The Attorney General shall grant a timely request to
            remove the stowaway under subparagraph (C) on a vessel
            or aircraft other than that on which the stowaway
            arrived if any travel documents necessary for departure
            or repatriation of the stowaway have been obtained and
            removal of the stowaway will not be unreasonably
            delayed.
              (3) Removal upon order.--An owner, agent, master,
            commanding officer, person in charge, purser, or
            consignee of a vessel, aircraft, or other
            transportation line shall comply with an order of the
            Attorney General to take on board, guard safely, and
            transport to the destination specified any alien
            ordered to be removed under this Act.
      (e) Payment of Expenses of Removal.--
              (1) Costs of removal at time of arrival.--In the case
            of an alien who is a stowaway or who is ordered removed
            either without a hearing under section 235(a)(1) or
            235(c) or pursuant to proceedings under section 240
            initiated at the time of such alien's arrival, the
            owner of the vessel or aircraft (if any) on which the
            alien arrived in the United States shall pay the
            transportation cost of removing the alien. If removal
            is on a vessel or aircraft not owned by the owner of
            the vessel or aircraft on which the alien arrived in
            the United States, the Attorney General may--
                      (A) pay the cost from the appropriation
                    ``Immigration and Naturalization Service--
                    Salaries and Expenses''; and
                      (B) recover the amount of the cost in a civil
                    action from the owner, agent, or consignee of
                    the vessel or aircraft (if any) on which the
                    alien arrived in the United States.
              (2) Costs of removal to port of removal for aliens
            admitted or permitted to land.--In the case of an alien
            who has been admitted or permitted to land and is
            ordered removed, the cost (if any) of removal of the
            alien to the port of removal shall be at the expense of
            the appropriation for the enforcement of this Act.
              (3) Costs of removal from port of removal for aliens
            admitted or permitted to land.--
                      (A) Through appropriation.--Except as
                    provided in subparagraph (B), in the case of an
                    alien who has been admitted or permitted to
                    land and is ordered removed, the cost (if any)
                    of removal of the alien from the port of
                    removal shall be at the expense of the
                    appropriation for the enforcement of this Act.
                      (B) Through owner.--
                              (i) In general.--In the case of an
                            alien described in clause (ii), the
                            cost of removal of the alien from the
                            port of removal may be charged to any
                            owner of the vessel, aircraft, or other
                            transportation line by which the alien
                            came to the United States.
                              (ii) Aliens described.--An alien
                            described in this clause is an alien
                            who--
                                      (I) is admitted to the United
                                    States (other than lawfully
                                    admitted for permanent
                                    residence) and is ordered
                                    removed within 5 years of the
                                    date of admission based on a
                                    ground that existed before or
                                    at the time of admission, or
                                      (II) is an alien crewman
                                    permitted to land temporarily
                                    under section 252 and is
                                    ordered removed within 5 years
                                    of the date of landing.
                      (C) Costs of removal of certain aliens
                    granted voluntary departure.--In the case of an
                    alien who has been granted voluntary departure
                    under section 240B and who is financially
                    unable to depart at the alien's own expense and
                    whose removal the Attorney General deems to be
                    in the best interest of the United States, the
                    expense of such removal may be paid from the
                    appropriation for the enforcement of this Act.
      (f) Aliens Requiring Personal Care During Removal.--
              (1) In general.--If the Attorney General believes
            that an alien being removed requires personal care
            because of the alien's mental or physical condition,
            the Attorney General may employ a suitable person for
            that purpose who shall accompany and care for the alien
            until the alien arrives at the final destination.
              (2) Costs.--The costs of providing the service
            described in paragraph (1) shall be defrayed in the
            same manner as the expense of removing the accompanied
            alien is defrayed under this section.
      (g) Places of Detention.--
              (1) In general.--The Attorney General shall arrange
            for appropriate places of detention for aliens detained
            pending removal or a decision on removal. When United
            States Government facilities are unavailable or
            facilities adapted or suitably located for detention
            are unavailable for rental, the Attorney General may
            expend from the appropriation ``Immigration and
            Naturalization Service--Salaries and Expenses'',
            without regard to section 3709 of the Revised Statutes
            (41 U.S.C. 5), amounts necessary to acquire land and to
            acquire, build, remodel, repair, and operate facilities
            (including living quarters for immigration officers if
            not otherwise available) necessary for detention.
              (2) Detention facilities of the immigration and
            naturalization service.--Prior to initiating any
            project for the construction of any new detention
            facility for the Service, the Commissioner shall
            consider the availability for purchase or lease of any
            existing prison, jail, detention center, or other
            comparable facility suitable for such use.
      (h) Statutory Construction.--Nothing in this section shall be
    construed to create any substantive or procedural right or
    benefit that is legally enforceable by any party against the
    United States or its agencies or officers or any other person.
      [(j)] (i) Incarceration.--
              (1) If the chief executive officer of a State (or, if
            appropriate, a political subdivision of the State)
            exercising authority with respect to the incarceration
            of an undocumented criminal alien submits a written
            request to the Attorney General, the Attorney General
            shall, as determined by the Attorney General--
                      (A) enter into a contractual arrangement
                    which provides for compensation to the State or
                    a political subdivision of the State, as may be
                    appropriate, with respect to the incarceration
                    of the undocumented criminal alien; or
                      (B) take the undocumented criminal alien into
                    the custody of the Federal Government and
                    incarcerate the alien.
              (2) Compensation under paragraph (1)(A) shall be the
            average cost of incarceration of a prisoner in the
            relevant State as determined by the Attorney General.
              (3) For purposes of this subsection, the term
            ``undocumented criminal alien'' means an alien who--
                      (A) has been convicted of a [felony and
                    sentenced to a term of imprisonment] felony or
                    two or more misdemeanors; and
                      (B)(i) entered the United States without
                    inspection or at any time or place other than
                    as designated by the Attorney General;
                      (ii) was the subject of exclusion or
                    deportation proceedings at the time he or she
                    was taken into custody by the State or a
                    political subdivision of the State; or
                      (iii) was admitted as a nonimmigrant and at
                    the time he or she was taken into custody by
                    the State or a political subdivision of the
                    State has failed to maintain the nonimmigrant
                    status in which the alien was admitted or to
                    which it was changed under section 248, or to
                    comply with the conditions of any such status.
              (4)(A) In carrying out paragraph (1), the Attorney
            General shall give priority to the Federal
            incarceration of undocumented criminal aliens who have
            committed aggravated felonies.
              (B) The Attorney General shall ensure that
            undocumented criminal aliens incarcerated in Federal
            facilities pursuant to this subsection are held in
            facilities which provide a level of security
            appropriate to the crimes for which they were
            convicted.
              (5) There are authorized to be appropriated such sums
            as may be necessary to carry out this subsection, of
            which the following amounts may be appropriated from
            the Violent Crime Reduction Trust Fund:
                      (A) $130,000,000 for fiscal year 1995;
                      (B) $300,000,000 for fiscal year 1996;
                      (C) $330,000,000 for fiscal year 1997;
                      (D) $350,000,000 for fiscal year 1998;
                      (E) $350,000,000 for fiscal year 1999; and
                      (F) $340,000,000 for fiscal year 2000.
              (6) In this subsection, the term ``incarceration''
            includes imprisonment in a State or local prison or
            jail the time of which is counted towards completion of
            a sentence or the detention of an alien previously
            convicted of a felony or misdemeanor who has been
            arrested and is being held pending judicial action on
            new charges or pending transfer to Federal custody.

                 [Chapter 5--Deportation; Adjustment of Status]

                   Chapter 5--Adjustment and Change of Status

                    [apprehension and deportation of aliens

      [Sec. 242. (a)(1) Pending a determination of deportability in
    the case of any alien as provided in subsection (b) of this
    section, such alien may, upon warrant of the Attorney General,
    be arrested and taken into custody. Except as provided in
    paragraph (2), any such alien taken into custody may, in the
    discretion of the Attorney General and pending such final
    determination of deportability, (A) be continued in custody; or
    (B) be released under bond in the amount of not less than $500
    with security approved by the Attorney General, containing such
    conditions as the Attorney General may prescribe; or (C) be
    released on conditional parole. But such bond or parole,
    whether heretofore or hereafter authorized, may be revoked at
    any time by the Attorney General, in his discretion, and the
    alien may be returned to custody under the warrant which
    initiated the proceedings against him and detained until final
    determination of his deportability. Any court of competent
    jurisdiction shall have authority to review or revise any
    determination of the Attorney General concerning detention,
    release on bond, or parole pending final decision of
    deportability upon a conclusive showing in habeas corpus
    proceedings that the Attorney General is not proceeding with
    such reasonable dispatch as may be warranted by the particular
    facts and circumstances in the case of any alien to determine
    deportability.
      [(2)(A) The Attorney General shall take into custody any
    alien convicted of an aggravated felony upon release of the
    alien (regardless of whether or not such release is on parole,
    supervised release, or probation, and regardless of the
    possibility of rearrest or further confinement in respect of
    the same offense). Notwithstanding paragraph (1) or subsections
    (c) and (d) but subject to subparagraph (B), the Attorney
    General shall not release such felon from custody.
      [(B) The Attorney General may not release from custody any
    lawfully admitted alien who has been convicted of an aggravated
    felony, either before or after a determination of
    deportability, unless the alien demonstrates to the
    satisfaction of the Attorney General that such alien is not a
    threat to the community and that the alien is likely to appear
    before any scheduled hearings.
      [(3)(A) The Attorney General shall devise and implement a
    system--
              [(i) to make available, daily (on a 24-hour basis),
            to Federal, State, and local authorities the
            investigative resources of the Service to determine
            whether individuals arrested by such authorities for
            aggravated felonies are aliens;
              [(ii) to designate and train officers and employees
            of the Service within each district to serve as a
            liaison to Federal, State, and local law enforcement
            and correctional agencies and courts with respect to
            the arrest, conviction, and release of any alien
            charged with an aggravated felony; and
              [(iii) which uses computer resources to maintain a
            current record of aliens who have been convicted of an
            aggravated felony and who have been deported; such
            record shall be made available to inspectors at ports
            of entry and to border patrol agents at sector
            headquarters for purposes of immediate identification
            of any such previously deported alien seeking to
            reenter the United States.
      [(B) The Attorney General shall submit reports to the
    Committees on the Judiciary of the House of Representatives and
    of the Senate at the end of the 6-month period and at the end
    of the 18-month period beginning on the effective date of this
    paragraph which describe in detail specific efforts made by the
    Attorney General to implement this paragraph.
      [(b) A special inquiry officer shall conduct proceedings
    under this section to determine the deportability of any alien,
    and shall administer oaths, present and receive evidence,
    interrogate, examine, and cross-examine the alien or witnesses,
    and as authorized by the Attorney General, shall make
    determinations, including orders of deportation. Determination
    of deportability in any case shall be made only upon a record
    made in a proceeding before a special inquiry officer, at which
    the alien shall have reasonable opportunity to be present,
    unless by reason of the alien's mental incompetency it is
    impracticable for him to be present, in which case the Attorney
    General shall prescribe necessary and proper safeguards for the
    rights and privileges of such alien. If any alien has been
    given a reasonable opportunity to be present at a proceeding
    under this section, and without reasonable cause fails or
    refuses to attend or remain in attendance at such proceeding,
    the special inquiry officer may proceed to a determination in
    like manner as if the alien were present. In any case or class
    of cases in which the Attorney General believes that such
    procedure would be of aid in making a determination, he may
    require specifically or by regulation that an additional
    immigration officer shall be assigned to present the evidence
    on behalf of the United States and in such case such additional
    immigration officer shall have authority to present evidence,
    and to interrogate, examine and cross-examine the alien or
    other witnesses in the proceedings. Nothing in the preceding
    sentence shall be construed to diminish the authority conferred
    upon the special inquiry officer conducting such proceedings.
    No special inquiry officer shall conduct a proceeding in any
    case under this section in which he shall have participated in
    investigative functions or in which he shall have participated
    (except as provided in this subsection) in prosecuting
    functions. Proceedings before a special inquiry officer acting
    under the provisions of this section shall be in accordance
    with such regulations, not inconsistent with this Act, as the
    Attorney General shall prescribe. Such regulations shall
    include requirements that are consistent with section 242B and
    that provide that--
              [(1) the alien shall be given notice, reasonable
            under all the circumstances, of the nature of the
            charges against him and of the time and place at which
            the proceedings will be held,
              [(2) the alien shall have the privilege of being
            represented (at no expense to the Government) by such
            counsel, authorized to practice in such proceedings, as
            he shall choose,
              [(3) the alien shall have a reasonable opportunity to
            examine the evidence against him, to present evidence
            on his own behalf, and to cross-examine witnesses
            presented by the Government, and
              [(4) no decision of deportability shall be valid
            unless it is based upon reasonable, substantial, and
            probative evidence.
    Except as provided in section 242A(d), the procedure so
    prescribed shall be the sole and exclusive procedure for
    determining the deportability of an alien under this section.
    In any case in which an alien is ordered deported from the
    United States under the provisions of this Act, or of any other
    law or treaty, the decision of the Attorney General shall be
    final. In the discretion of the Attorney General, and under
    such regulations as he may prescribe, deportation proceedings,
    including issuance of a warrant of arrest, and a finding of
    deportability under this section need not be required in the
    case of any alien who admits to belonging to a class of aliens
    who are deportable under section 241 if such alien voluntarily
    departs from the United States at his own expense, or is
    removed at Government expense as hereinafter authorized, unless
    the Attorney General has reason to believe that such alien is
    deportable under paragraph (2), (3), or (4) of section 241(a).
    If any alien who is authorized to depart voluntarily under the
    preceding sentence is financially unable to depart at his own
    expense and the Attorney General deems his removal to be in the
    best interest of the United States, the expense of such removal
    may be paid from the appropriation for the enforcement of this
    Act.
      [(c) When a final order of deportation under administrative
    processes is made against any alien, the Attorney General shall
    have a period of six months from the date of such order, or, if
    judicial review is had, then from the date of the final order
    of the court, within which to effect the alien's departure from
    the United States, during which period, at the Attorney
    General's discretion, the alien may be detained, released on
    bond in an amount and containing such conditions as the
    Attorney General may prescribe, or released on such other
    conditions as the Attorney General may prescribe. Any court of
    competent jurisdiction shall have authority to review or revise
    any determination of the Attorney General concerning detention,
    release on bond, or other release during such six-month period
    upon a conclusive showing in habeas corpus proceedings that the
    Attorney General is not proceeding with such reasonable
    dispatch as may be warranted by the particular facts and
    circumstances in the case of any alien to effect such alien's
    departure from the United States within such six-month period.
    If deportation has not been practicable, advisable, or
    possible, or departure of the alien from the United States
    under the order of deportation has not been effected, within
    such six-month period, the alien shall become subject to such
    further supervision and detention pending eventual deportation
    as is authorized in this section. The Attorney General is
    hereby authorized and directed to arrange for appropriate
    places of detention for those aliens whom he shall take into
    custody and detain under this section. Where no Federal
    buildings are available or buildings adapted or suitably
    located for the purpose are available for rental, the Attorney
    General is hereby authorized, notwithstanding section 3709 of
    the Revised Statutes, as amended (41 U.S.C. 5), or section 322
    of the Act of June 30, 1932, as amended (40 U.S.C. 278a), to
    expend, from the appropriation provided for the administration
    and enforcement of the immigration laws, such amounts as may be
    necessary for the acquisition of land and the erection,
    acquisition, maintenance, operation, remodeling, or repair of
    buildings, sheds, and office quarters (including living
    quarters for officers where none are otherwise available), and
    adjunct facilities, necessary for the detention of aliens. For
    the purposes of this section an order of deportation heretofore
    or hereafter entered against an alien in legal detention or
    confinement, other than under an immigration process, shall be
    considered as being made as of the moment he is released from
    such detention or confinement, and not prior thereto.
      [(d) Any alien, against whom a final order of deportation as
    defined in subsection (c) heretofore or hereafter issued has
    been outstanding for more than six months, shall, pending
    eventual deportation, be subject to supervision under
    regulations prescribed by the Attorney General. Such
    regulations shall include provisions which will require any
    alien subject to supervision (1) to appear from time to time
    before an immigration officer for identification; (2) to
    submit, if necessary, to medical and psychiatric examination at
    the expense of the United States; (3) to give information under
    oath as to his nationality, circumstances, habits,
    associations, and activities, and such other information,
    whether or not related to the foregoing, as the Attorney
    General may deem fit and proper; and (4) to conform to such
    reasonable written restrictions on his conduct or activities as
    are prescribed by the Attorney General in his case. Any alien
    who shall willfully fail to comply with such regulations, or
    willfully fail to appear or to give information or submit to
    medical or psychiatric examination if required, or knowingly
    give false information in relation to the requirements of such
    regulations, or knowingly violate a reasonable restriction
    imposed upon his conduct or activity, shall be fined not more
    than $1,000 or imprisoned not more than one year, or both.
      [(e) Any alien against whom a final order of deportation is
    outstanding by reason of being a member of any of the classes
    described in section 241(a), who shall willfully fail or refuse
    to depart from the United States within a period of six months
    from the date of the final order of deportation under
    administrative processes, or, if judicial review is had, then
    from the date of the final order of the court, or shall
    willfully fail or refuse to make timely application in good
    faith for travel or other documents necessary to his departure,
    or who shall connive or conspire, or take any other action,
    designed to prevent or hamper or with the purpose of preventing
    or hampering his departure pursuant to such order of
    deportation, or who shall willfully fail or refuse to present
    himself for deportation at the time and place required by the
    Attorney General pursuant to such order of deportation, shall
    upon conviction be guilty of a felony, and shall be imprisoned
    not more than four years, or shall be imprisoned not more than
    ten years if the alien is a member of any of the classes
    described in paragraph (1)(E), (2), (3), or (4) of section
    241(a).: Provided, That this subsection shall not make it
    illegal for any alien to take any proper steps for the purpose
    of securing cancellation of or exemption from such order of
    deportation or for the purpose of securing his release from
    incarceration or custody: Provided further, That the court may
    for good cause suspend the sentence of such alien and order his
    release under such conditions as the court may prescribe. In
    determining whether good cause has been shown to justify
    releasing the alien, the court shall take into account such
    factors as (1) the age, health, and period of detention of the
    alien; (2) the effect of the alien's release upon the national
    security and public peace or safety; (3) the likelihood of the
    alien's resuming or following a course of conduct which made or
    would make him deportable; (4) the character of the efforts
    made by such alien himself and by representatives of the
    country or countries to which his deportation is directed to
    expedite the alien's departure from the United States; (5) the
    reason for the inability of the Government of the United States
    to secure passports, other travel documents, or deportation
    facilities from the country or countries to which the alien has
    been ordered deported; and (6) the eligibility of the alien for
    discretionary relief under the immigration laws.
      [(f) Should the Attorney General find that any alien has
    unlawfully reentered the United States after having previously
    departed or been deported pursuant to an order of deportation,
    whether before or after the date of enactment of this Act, on
    any ground described in any of the paragraphs enumerated in
    subsection (e), the previous order of deportation shall be
    deemed to be reinstated from its original date and such alien
    shall be deported under such previous order at any time
    subsequent to such reentry. For the purposes of subsection (e)
    the date on which the finding is made that such reinstatement
    is appropriate shall be deemed the date of the final order of
    deportation.
      [(g) If any alien, subject to supervision or detention under
    subsections (c) or (d) of this section, is able to depart from
    the United States under the order of deportation, except that
    he is financially unable to pay his passage, the Attorney
    General may in his discretion permit such alien to depart
    voluntarily, and the expense of such passage to the country to
    which he is destined may be paid from the appropriation for the
    enforcement of this Act, unless such payment is otherwise
    provided for under this Act.
      [(h) An alien sentenced to imprisonment shall not be deported
    until such imprisonment has been terminated by the release of
    the alien from confinement. Parole, supervised release,
    probation, or possibility of rearrest or further confinement in
    respect of the same offense shall not be a ground for deferral
    of deportation.
      [(i) In the case of an alien who is convicted of an offense
    which makes the alien subject to deportation, the Attorney
    General shall begin any deportation proceeding as expeditiously
    as possible after the date of the conviction.]

                      judicial review of orders of removal

      Sec. 242. (a) Applicable Provisions.--
              (1) General orders of removal.--Judicial review of a
            final order of removal (other than an order of removal
            without a hearing pursuant to section 235(b)(1)) is
            governed only by chapter 158 of title 28 of the United
            States Code, except as provided in subsection (b) and
            except that the court may not order the taking of
            additional evidence under section 2347(c) of such
            title.
              (2) Limitations on review relating to section
            235(b)(1).--Notwithstanding any other provision of law,
            no court shall have jurisdiction to review--
                      (A) except as provided in subsection (f), any
                    individual determination or to entertain any
                    other cause or claim arising from or relating
                    to the implementation or operation of an order
                    of removal pursuant to section 235(b)(1),
                      (B) a decision by the Attorney General to
                    invoke the provisions of such section,
                      (C) the application of such section to
                    individual aliens, including the determination
                    made under section 235(b)(1)(B), or
                      (D) procedures and policies adopted by the
                    Attorney General to implement the provisions of
                    section 235(b)(1).
              (3) Treatment of certain decisions.--No alien shall
            have a right to appeal from a decision of an
            immigration judge which is based solely on a
            certification described in section 240(c)(1)(B).
      (b) Requirements for Orders of Removal.--With respect to
    review of an order of removal under subsection (a)(1), the
    following requirements apply:
              (1) Deadline.--The petition for review must be filed
            not later than 30 days after the date of the final
            order of removal.
              (2) Venue and forms.--The petition for review shall
            be filed with the court of appeals for the judicial
            circuit in which the immigration judge completed the
            proceedings. The record and briefs do not have to be
            printed. The court of appeals shall review the
            proceeding on a typewritten record and on typewritten
            briefs.
              (3) Service.--
                      (A) In general.--The respondent is the
                    Attorney General. The petition shall be served
                    on the Attorney General and on the officer or
                    employee of the Service in charge of the
                    Service district in which the initial
                    proceedings under section 240 were conducted.
                      (B) Stay of order.--
                              (i) In general.--Except as provided
                            in clause (ii), service of the petition
                            on the officer or employee stays the
                            removal of an alien pending the court's
                            decision on the petition, unless the
                            court orders otherwise.
                              (ii) Exception.--If the alien has
                            been convicted of an aggravated felony,
                            or the alien has been ordered removed
                            pursuant to a finding that the alien is
                            inadmissible under section 212, service
                            of the petition does not stay the
                            removal unless the court orders
                            otherwise.
              (4) Decision.--Except as provided in paragraph
            (5)(B)--
                      (A) the court of appeals shall decide the
                    petition only on the administrative record on
                    which the order of removal is based,
                      (B) the administrative findings of fact are
                    conclusive if supported by reasonable,
                    substantial, and probative evidence on the
                    record considered as a whole, and
                      (C) a decision that an alien is not eligible
                    for admission to the United States is
                    conclusive unless manifestly contrary to law.
              (5) Treatment of nationality claims.--
                      (A) Court determination if no issue of
                    fact.--If the petitioner claims to be a
                    national of the United States and the court of
                    appeals finds from the pleadings and affidavits
                    that no genuine issue of material fact about
                    the petitioner's nationality is presented, the
                    court shall decide the nationality claim.
                      (B) Transfer if issue of fact.--If the
                    petitioner claims to be a national of the
                    United States and the court of appeals finds
                    that a genuine issue of material fact about the
                    petitioner's nationality is presented, the
                    court shall transfer the proceeding to the
                    district court of the United States for the
                    judicial district in which the petitioner
                    resides for a new hearing on the nationality
                    claim and a decision on that claim as if an
                    action had been brought in the district court
                    under section 2201 of title 28, United States
                    Code.
                      (C) Limitation on determination.--The
                    petitioner may have such nationality claim
                    decided only as provided in this paragraph.
              (6) Consolidation with review of motions to reopen or
            reconsider.--When a petitioner seeks review of an order
            under this section, any review sought of a motion to
            reopen or reconsider the order shall be consolidated
            with the review of the order.
              (7) Challenge to validity of orders in certain
            criminal proceedings.--
                      (A) In general.--If the validity of an order
                    of removal has not been judicially decided, a
                    defendant in a criminal proceeding charged with
                    violating section 243(a) may challenge the
                    validity of the order in the criminal
                    proceeding only by filing a separate motion
                    before trial. The district court, without a
                    jury, shall decide the motion before trial.
                      (B) Claims of united states nationality.--If
                    the defendant claims in the motion to be a
                    national of the United States and the district
                    court finds that--
                              (i) no genuine issue of material fact
                            about the defendant's nationality is
                            presented, the court shall decide the
                            motion only on the administrative
                            record on which the removal order is
                            based and the administrative findings
                            of fact are conclusive if supported by
                            reasonable, substantial, and probative
                            evidence on the record considered as a
                            whole; or
                              (ii) a genuine issue of material fact
                            about the defendant's nationality is
                            presented, the court shall hold a new
                            hearing on the nationality claim and
                            decide that claim as if an action had
                            been brought under section 2201 of
                            title 28, United States Code.
                    The defendant may have such nationality claim
                    decided only as provided in this subparagraph.
                      (C) Consequence of invalidation.--If the
                    district court rules that the removal order is
                    invalid, the court shall dismiss the indictment
                    for violation of section 243(a). The United
                    States Government may appeal the dismissal to
                    the court of appeals for the appropriate
                    circuit within 30 days after the date of the
                    dismissal.
                      (D) Limitation on filing petitions for
                    review.--The defendant in a criminal proceeding
                    under section 243(a) may not file a petition
                    for review under subsection (a) during the
                    criminal proceeding.
              (8) Construction.--This subsection--
                      (A) does not prevent the Attorney General,
                    after a final order of removal has been issued,
                    from detaining the alien under section 241(a);
                      (B) does not relieve the alien from complying
                    with section 241(a)(4) and section 243(g); and
                      (C) except as provided in paragraph (3), does
                    not require the Attorney General to defer
                    removal of the alien.
      (c) Requirements for Petition.--A petition for review or for
    habeas corpus of an order of removal shall state whether a
    court has upheld the validity of the order, and, if so, shall
    state the name of the court, the date of the court's ruling,
    and the kind of proceeding.
      (d) Review of Final Orders.--A court may review a final order
    of removal only if--
              (1) the alien has exhausted all administrative
            remedies available to the alien as of right, and
              (2) another court has not decided the validity of the
            order, unless the reviewing court finds that the
            petition presents grounds that could not have been
            presented in the prior judicial proceeding or that the
            remedy provided by the prior proceeding was inadequate
            or ineffective to test the validity of the order.
      (e) Limited Review for Non-Permanent Residents Convicted of
    Aggravated Felonies.--
              (1) In general.--A petition for review filed by an
            alien against whom a final order of removal has been
            issued under section 238 may challenge only whether--
                      (A) the alien is the alien described in the
                    order,
                      (B) the alien is an alien described in
                    section 238(b)(2) and has been convicted after
                    entry into the United States of an aggravated
                    felony, and
                      (C) proceedings against the alien complied
                    with section 238(b)(4).
              (2) Limited jurisdiction.--A court reviewing the
            petition has jurisdiction only to review the issues
            described in paragraph (1).
      (f) Judicial Review of Orders Under Section 235(b)(1).--
              (1) Application.--The provisions of this subsection
            apply with respect to judicial review of orders of
            removal effected under section 235(b)(1).
              (2) Limitations on relief.--Regardless of the nature
            of the action or claim and regardless of the identity
            of the party or parties bringing the action, no court
            shall have jurisdiction or authority to enter
            declaratory, injunctive, or other equitable relief not
            specifically authorized in this subsection, or to
            certify a class under Rule 23 of the Federal Rules of
            Civil Procedure.
              (3) Limitation to habeas corpus.--Judicial review of
            any matter, cause, claim, or individual determination
            made or arising under or pertaining to section
            235(b)(1) shall only be available in habeas corpus
            proceedings, and shall be limited to determinations
            of--
                      (A) whether the petitioner is an alien,
                      (B) whether the petitioner was ordered
                    removed under such section, and
                      (C) whether the petitioner can prove by a
                    preponderance of the evidence that the
                    petitioner is an alien lawfully admitted for
                    permanent residence and is entitled to such
                    further inquiry as prescribed by the Attorney
                    General pursuant to section 235(b)(1)(C).
              (4) Decision.--In any case where the court determines
            that the petitioner--
                      (A) is an alien who was not ordered removed
                    under section 235(b)(1), or
                      (B) has demonstrated by a preponderance of
                    the evidence that the alien is a lawful
                    permanent resident,

            the court may order no remedy or relief other than to
            require that the petitioner be provided a hearing in
            accordance with section 240. Any alien who is provided
            a hearing under section 240 pursuant to this paragraph
            may thereafter obtain judicial review of any resulting
            final order of removal pursuant to subsection (a)(1).
              (5) Scope of inquiry.--In determining whether an
            alien has been ordered removed under section 235(b)(1),
            the court's inquiry shall be limited to whether such an
            order in fact was issued and whether it relates to the
            petitioner. There shall be no review of whether the
            alien is actually inadmissible or entitled to any
            relief from removal.
      (g) Limit on Injunctive Relief.--Regardless of the nature of
    the action or claim or of the identity of the party or parties
    bringing the action, no court (other than the Supreme Court)
    shall have jurisdiction or authority to enjoin or restrain the
    operation of the provisions of chapter 4 of title II, as
    amended by the Immigration in the National Interest Act of
    1995, other than with respect to the application of such
    provisions to an individual alien against whom proceedings
    under such chapter have been initiated.

                            [deportation procedures

      [Sec. 242B. (a) Notices.--
              [(1) Order to show cause.--In deportation proceedings
            under section 242, written notice (in this section
            referred to as an ``order to show cause'') shall be
            given in person to the alien (or, if personal service
            is not practicable, such notice shall be given by
            certified mail to the alien or to the alien's counsel
            of record, if any) specifying the following:
                      [(A) The nature of the proceedings against
                    the alien.
                      [(B) The legal authority under which the
                    proceedings are conducted.
                      [(C) The acts or conduct alleged to be in
                    violation of law.
                      [(D) The charges against the alien and the
                    statutory provisions alleged to have been
                    violated.
                      [(E) The alien may be represented by counsel
                    and the alien will be provided a list of
                    counsel prepared under subsection (b)(2).
                      [(F)(i) The requirement that the alien must
                    immediately provide (or have provided) the
                    Attorney General with a written record of an
                    address and telephone number (if any) at which
                    the alien may be contacted respecting
                    proceedings under section 242.
                      [(ii) The requirement that the alien must
                    provide the Attorney General immediately with a
                    written record of any change of the alien's
                    address or telephone number.
                      [(iii) The consequences under subsection
                    (c)(2) of failure to provide address and
                    telephone information pursuant to this
                    subparagraph.
              [(2) Notice of time and place of proceedings.--In
            deportation proceedings under section 242--
                      [(A) written notice shall be given in person
                    to the alien (or, if personal service is not
                    practicable, written notice shall be given by
                    certified mail to the alien or to the alien's
                    counsel of record, if any), in the order to
                    show cause or otherwise, of--
                              [(i) the time and place at which the
                            proceedings will be held, and
                              [(ii) the consequences under
                            subsection (c) of the failure, except
                            under exceptional circumstances, to
                            appear at such proceedings; and
                      [(B) in the case of any change or
                    postponement in the time and place of such
                    proceedings, written notice shall be given in
                    person to the alien (or, if personal service is
                    not practicable, written notice shall be given
                    by certified mail to the alien or to the
                    alien's counsel of record, if any) of--
                              [(i) the new time or place of the
                            proceedings, and
                              [(ii) the consequences under
                            subsection (c) of failing, except under
                            exceptional circumstances, to attend
                            such proceedings.
            In the case of an alien not in detention, a written
            notice shall not be required under this paragraph if
            the alien has failed to provide the address required
            under subsection (a)(1)(F).
              [(3) Form of information.--Each order to show cause
            or other notice under this subsection--
                      [(A) shall be in English and Spanish, and
                      [(B) shall specify that the alien may be
                    represented by an attorney in deportation
                    proceedings under section 242 and will be
                    provided, in accordance with subsection (b)(1),
                    a period of time in order to obtain counsel and
                    a current list described in subsection (b)(2).
              [(4) Central address files.--The Attorney General
            shall create a system to record and preserve on a
            timely basis notices of addresses and telephone numbers
            (and changes) provided under paragraph (1)(F).
      [(b) Securing of Counsel.--
              [(1) In general.--In order that an alien be permitted
            the opportunity to secure counsel before the first
            hearing date in proceedings under section 242, the
            hearing date shall not be scheduled earlier than 14
            days after the service of the order to show cause,
            unless the alien requests in writing an earlier hearing
            date.
              [(2) Current lists of counsel.--The Attorney General
            shall provide for lists (updated not less often than
            quarterly) of persons who have indicated their
            availability to represent pro bono aliens in
            proceedings under section 242. Such lists shall be
            provided under subsection (a)(1)(E) and otherwise made
            generally available.
      [(c) Consequences of Failure to Appear.--
              [(1) In general.--Any alien who, after written notice
            required under subsection (a)(2) has been provided to
            the alien or the alien's counsel of record, does not
            attend a proceeding under section 242, shall be ordered
            deported under section 242(b)(1) in absentia if the
            Service establishes by clear, unequivocal, and
            convincing evidence that the written notice was so
            provided and that the alien is deportable. The written
            notice by the Attorney General shall be considered
            sufficient for purposes of this paragraph if provided
            at the most recent address provided under subsection
            (a)(1)(F).
              [(2) No notice if failure to provide address
            information.--No written notice shall be required under
            paragraph (1) if the alien has failed to provide the
            address required under subsection (a)(1)(F).
              [(3) Rescission of order.--Such an order may be
            rescinded only--
                      [(A) upon a motion to reopen filed within 180
                    days after the date of the order of deportation
                    if the alien demonstrates that the failure to
                    appear was because of exceptional circumstances
                    (as defined in subsection (f)(2)), or
                      [(B) upon a motion to reopen filed at any
                    time if the alien demonstrates that the alien
                    did not receive notice in accordance with
                    subsection (a)(2) or the alien demonstrates
                    that the alien was in Federal or State custody
                    and did not appear through no fault of the
                    alien.
            The filing of the motion to reopen described in
            subparagraph (A) or (B) shall stay the deportation of
            the alien pending disposition of the motion.
              [(4) Effect on judicial review.--Any petition for
            review under section 106 of an order entered in
            absentia under this subsection shall, notwithstanding
            such section, be filed not later than 60 days (or 30
            days in the case of an alien convicted of an aggravated
            felony) after the date of the final order of
            deportation and shall (except in cases described in
            section 106(a)(5)) be confined to the issues of the
            validity of the notice provided to the alien, to the
            reasons for the alien's not attending the proceeding,
            and to whether or not clear, convincing, and
            unequivocal evidence of deportability has been
            established.
      [(d) Treatment of Frivolous Behavior.--The Attorney General
    shall, by regulation--
              [(1) define in a proceeding before a special inquiry
            officer or before an appellate administrative body
            under this title, frivolous behavior for which
            attorneys may be sanctioned,
              [(2) specify the circumstances under which an
            administrative appeal of a decision or ruling will be
            considered frivolous and will be summarily dismissed,
            and
              [(3) impose appropriate sanctions (which may include
            suspension and disbarment) in the case of frivolous
            behavior.
    Nothing in this subsection shall be construed as limiting the
    authority of the Attorney General to take actions with respect
    to inappropriate behavior.
      [(e) Limitation on Discretionary Relief for Failure to
    Appear.--
              [(1) At deportation proceedings.--Any alien against
            whom a final order of deportation is entered in
            absentia under this section and who, at the time of the
            notice described in subsection (a)(2), was provided
            oral notice, either in the alien's native language or
            in another language the alien understands, of the time
            and place of the proceedings and of the consequences
            under this paragraph of failing, other than because of
            exceptional circumstances (as defined in subsection
            (f)(2)) to attend a proceeding under section 242, shall
            not be eligible for relief described in paragraph (5)
            for a period of 5 years after the date of the entry of
            the final order of deportation.
              [(2) Voluntary departure.--
                      [(A) In general.--Subject to subparagraph
                    (B), any alien allowed to depart voluntarily
                    under section 244(e)(1) or who has agreed to
                    depart voluntarily at his own expense under
                    section 242(b)(1) who remains in the United
                    States after the scheduled date of departure,
                    other than because of exceptional
                    circumstances, shall not be eligible for relief
                    described in paragraph (5) for a period of 5
                    years after the scheduled date of departure or
                    the date of unlawful reentry, respectively.
                      [(B) Written and oral notice required.--
                    Subparagraph (A) shall not apply to an alien
                    allowed to depart voluntarily unless, before
                    such departure, the Attorney General has
                    provided written notice to the alien in English
                    and Spanish and oral notice either in the
                    alien's native language or in another language
                    the alien understands of the consequences under
                    subparagraph (A) of the alien's remaining in
                    the United States after the scheduled date of
                    departure, other than because of exceptional
                    circumstances.
              [(3) Failure to appear under deportation order.--
                      [(A) In general.--Subject to subparagraph
                    (B), any alien against whom a final order of
                    deportation is entered under this section and
                    who fails, other than because of exceptional
                    circumstances, to appear for deportation at the
                    time and place ordered shall not be eligible
                    for relief described in paragraph (5) for a
                    period of 5 years after the date the alien was
                    required to appear for deportation.
                      [(B) Written and oral notice required.--
                    Subparagraph (A) shall not apply to an alien
                    against whom a deportation order is entered
                    unless the Attorney General has provided,
                    orally in the alien's native language or in
                    another language the alien understands and in
                    the final order of deportation under this
                    section of the consequences under subparagraph
                    (A) of the alien's failure, other than because
                    of exceptional circumstances, to appear for
                    deportation at the time and place ordered.
              [(4) Failure to appear for asylum hearing.--
                      [(A) In general.--Subject to subparagraph
                    (B), any alien--
                              [(i) whose period of authorized stay
                            (if any) has expired through the
                            passage of time,
                              [(ii) who has filed an application
                            for asylum, and
                              [(iii) who fails, other than because
                            of exceptional circumstances, to appear
                            at the time and place specified for the
                            asylum hearing,

                    shall not be eligible for relief described in
                    paragraph (5) for a period of 5 years after the
                    date of the asylum hearing.
                      [(B) Written and oral notice required.--
                    Subparagraph (A) shall not apply in the case of
                    an alien with respect to a failure to be
                    present at a hearing unless--
                              [(i) written notice in English and
                            Spanish, and oral notice either in the
                            alien's native language or in another
                            language the alien understands, was
                            provided to the alien of the time and
                            place at which the asylum hearing will
                            be held, and in the case of any change
                            or postponement in such time or place,
                            written notice in English and Spanish,
                            and oral notice either in the alien's
                            native language or in another language
                            the alien understands, was provided to
                            the alien of the new time or place of
                            the hearing; and
                              [(ii) notices under clause (i)
                            specified the consequences under
                            subparagraph (A) of failing, other than
                            because of exceptional circumstances,
                            to attend such hearing.
              [(5) Relief covered.--The relief described in this
            paragraph is--
                      [(A) voluntary departure under section
                    242(b)(1),
                      [(B) suspension of deportation or voluntary
                    departure under section 244, and
                      [(C) adjustment or change of status under
                    section 245, 248, or 249.
      [(f) Definitions.--In this section:
              [(1) The term ``certified mail'' means certified
            mail, return receipt requested.
              [(2) The term ``exceptional circumstances'' refers to
            exceptional circumstances (such as serious illness of
            the alien or death of an immediate relative of the
            alien, but not including less compelling circumstances)
            beyond the control of the alien.

       [countries to which aliens shall be deported; cost of deportation

      [Sec. 243. (a) The deportation of an alien in the United
    States provided for in this Act, or any other Act or treaty,
    shall be directed by the Attorney General to a country promptly
    designated by the alien if that country is willing to accept
    him into its territory, unless the Attorney General, in his
    discretion, concludes that deportation to such country would be
    prejudicial to the interests of the United States. No alien
    shall be permitted to make more than one such designation, nor
    shall any alien designate, as the place to which he wishes to
    be deported, any foreign territory contiguous to the United
    States or any island adjacent thereto or adjacent to the United
    States unless such alien is a native, citizen, subject, or
    national of, or had a residence in such designated foreign
    contiguous territory or adjacent island. If the government of
    the country designated by the alien fails finally to advise the
    Attorney General within three months following original inquiry
    whether that government will or will not accept such alien into
    its territory, such designation may thereafter be disregarded.
    Thereupon deportation of such alien shall be directed to any
    country of which such alien is a subject, national, or citizen
    if such country is willing to accept him into its territory. If
    the government of such country fails finally to advise the
    Attorney General or the alien within three months following the
    date of original inquiry, or within such other period as the
    Attorney General shall deem reasonable under the circumstances
    in a particular case, whether that government will or will not
    accept such alien into its territory, then such deportation
    shall be directed by the Attorney General within his discretion
    and without necessarily giving any priority or preference
    because of their order as herein set forth either--
              [(1) to the country from which such alien last
            entered the United States;
              [(2) to the country in which is located the foreign
            port at which such alien embarked for the United States
            or for foreign contiguous territory;
              [(3) to the country in which he was born;
              [(4) to the country in which the place of his birth
            is situated at the time he is ordered deported;
              [(5) to any country in which he resided prior to
            entering the country from which he entered the United
            States;
              [(6) to the country which had sovereignty over the
            birthplace of the alien at the time of his birth; or
              [(7) if deportation to any of the foregoing places or
            countries is impracticable, inadvisable, or impossible,
            then to any country which is willing to accept such
            alien into its territory.
      [(b) If the United States is at war and the deportation, in
    accordance with the provisions of subsection (a), of any alien
    who is deportable under any law of the United States shall be
    found by the Attorney General to be impracticable, inadvisable,
    inconvenient, or impossible because of enemy occupation of the
    country from which such alien came or wherein is located the
    foreign port at which he embarked for the United States or
    because of reasons connected with the war, such alien may, in
    the discretion of the Attorney General, be deported as follows:
              [(1) If such alien is a citizen or subject of a
            country whose recognized government is in exile, to the
            country in which is located that government in exile if
            that country will permit him to enter its territory; or
              [(2) if such alien is a citizen or subject of a
            country whose recognized government is not in exile,
            then to a country or any political or territorial
            subdivision thereof which is proximate to the country
            of which the alien is a citizen or subject, or, with
            the consent of the country of which the alien is a
            citizen or subject, to any other country.
      [(c) If deportation proceedings are instituted at any time
    within five years after the entry of the alien for causes
    existing prior to or at the time of entry, the cost of removal
    to the port of deportation shall be at the expense of the
    appropriation for the enforcement of this Act, and the
    deportation from such port shall be at the expense of the owner
    or owners of the vessels, aircraft, or other transportation
    lines by which such alien came to the United States, or if in
    the opinion of the Attorney General that is not practicable, at
    the expense of the appropriation for the enforcement of this
    Act: Provided, That the costs of the deportation of any such
    alien from such port shall not be assessed against the owner or
    owners of the vessels, aircraft, or other transportation lines
    in the case of any alien who arrived in possession of a valid
    unexpired immigrant visa and who was inspected and admitted to
    the United States for permanent residence. In the case of an
    alien crewman, if deportation proceedings are instituted at any
    time within five years after the granting of the last
    conditional permit to land temporarily under the provisions of
    section 252, the cost of removal to the port of deportation
    shall be at the expense of the appropriation for the
    enforcement of this Act and the deportation from such port
    shall be at the expense of the owner or owners of the vessels
    or aircraft by which such alien came to the United States, or
    if in the opinion of the Attorney General that is not
    practicable, at the expense of the appropriation for the
    enforcement of this Act.
      [(d) If deportation proceedings are instituted later than
    five years after the entry of the alien, or in the case of an
    alien crewman later than five years after the granting of the
    last conditional permit to land temporarily, the cost thereof
    shall be payable from the appropriation for the enforcement of
    this Act.
      [(e) A failure or refusal on the part of the master,
    commanding officer, agent, owner, charterer, or consignee of a
    vessel, aircraft, or other transportation line to comply with
    the order of the Attorney General to take on board, guard
    safely, and transport to the destination specified any alien
    ordered to be deported under the provisions of this Act, or a
    failure or refusal by any such person to comply with an order
    of the Attorney General to pay deportation expenses in
    accordance with the requirements of this section, shall be
    punished by the imposition of a penalty in the sum and manner
    prescribed in section 237(b).
      [(f) When in the opinion of the Attorney General the mental
    or physical condition of an alien being deported is such as to
    require personal care and attendance, the Attorney General
    shall, when necessary, employ a suitable person for that
    purpose who shall accompany such alien to his final
    destination, and the expense incident to such service shall be
    defrayed in the same manner as the expense of deporting the
    accompanied alien is defrayed, and any failure or refusal to
    defray such expenses shall be punished in the manner prescribed
    by subsection (e) of this section.
      [(g) Upon the notification by the Attorney General that any
    country upon request denies or unduly delays acceptance of the
    return of any alien who is a national, citizen, subject, or
    resident thereof, the Secretary of State shall instruct
    consular officers performing their duties in the territory of
    such country to discontinue the issuance of immigrant visas to
    nationals, citizens, subjects, or residents of such country,
    until such time as the Attorney General shall inform the
    Secretary of State that such country has accepted such alien.
      [(h)(1) The Attorney General shall not deport or return any
    alien (other than an alien described in section 241(a)(4)(D))
    to a country if the Attorney General determines that such
    alien's life or freedom would be threatened in such country on
    account of race, religion, nationality, membership in a
    particular social group, or political opinion.
      [(2) Paragraph (1) shall not apply to any alien if the
    Attorney General determines that--
              [(A) the alien ordered, incited, assisted, or
            otherwise participated in the persecution of any person
            on account of race, religion, nationality, membership
            in a particular social group, or political opinion;
              [(B) the alien, having been convicted by a final
            judgment of a particularly serious crime, constitutes a
            danger to the community of the United States;
              [(C) there are serious reasons for considering that
            the alien has committed a serious nonpolitical crime
            outside the United States prior to the arrival of the
            alien in the United States; or
              [(D) there are reasonable grounds for regarding the
            alien as a danger to the security of the United States.
    For purposes of subparagraph (B), an alien who has been
    convicted of an aggravated felony shall be considered to have
    committed a particularly serious crime.]

                          penalties related to removal

      Sec. 243. (a) Penalty for Failure to Depart.--
              (1) In general.--Any alien against whom a final order
            of removal is outstanding by reason of being a member
            of any of the classes described in section 237(a),
            who--
                      (A) willfully fails or refuses to depart from
                    the United States within a period of 90 days
                    from the date of the final order of removal
                    under administrative processes, or if judicial
                    review is had, then from the date of the final
                    order of the court,
                      (B) willfully fails or refuses to make timely
                    application in good faith for travel or other
                    documents necessary to the alien's departure,
                      (C) connives or conspires, or takes any other
                    action, designed to prevent or hamper or with
                    the purpose of preventing or hampering the
                    alien's departure pursuant to such, or
                      (D) willfully fails or refuses to present
                    himself or herself for removal at the time and
                    place required by the Attorney General pursuant
                    to such order,

            shall be fined under title 18, United States Code, or
            imprisoned not more than four years (or 10 years if the
            alien is a member of any of the classes described in
            paragraph (1)(E), (2), (3), or (4) of section 237(a)),
            or both.
              (2) Exception.--It is not a violation of paragraph
            (1) to take any proper steps for the purpose of
            securing cancellation of or exemption from such order
            of removal or for the purpose of securing the alien's
            release from incarceration or custody.
              (3) Suspension.--The court may for good cause suspend
            the sentence of an alien under this subsection and
            order the alien's release under such conditions as the
            court may prescribe. In determining whether good cause
            has been shown to justify releasing the alien, the
            court shall take into account such factors as--
                      (A) the age, health, and period of detention
                    of the alien;
                      (B) the effect of the alien's release upon
                    the national security and public peace or
                    safety;
                      (C) the likelihood of the alien's resuming or
                    following a course of conduct which made or
                    would make the alien deportable;
                      (D) the character of the efforts made by such
                    alien himself and by representatives of the
                    country or countries to which the alien's
                    removal is directed to expedite the alien's
                    departure from the United States;
                      (E) the reason for the inability of the
                    Government of the United States to secure
                    passports, other travel documents, or removal
                    facilities from the country or countries to
                    which the alien has been ordered removed; and
                      (F) the eligibility of the alien for
                    discretionary relief under the immigration
                    laws.
      (b) Willful Failure to Comply with Terms of Release Under
    Supervision.--An alien who shall willfully fail to comply with
    regulations or requirements issued pursuant to section
    241(a)(3) or knowingly give false information in response to an
    inquiry under such section shall be fined not more than $1,000
    or imprisoned for not more than one year, or both.
      (c) Penalties Relating to Vessels and Aircraft.--
              (1) Civil penalties.--
                      (A) Failure to carry out certain orders.--If
                    the Attorney General is satisfied that a person
                    has violated subsection (d) or (e) of section
                    241, the person shall pay to the Commissioner
                    the sum of $2,000 for each violation.
                      (B) Failure to remove alien stowaways.--If
                    the Attorney General is satisfied that a person
                    has failed to remove an alien stowaway as
                    required under section 241(d)(2), the person
                    shall pay to the Commissioner the sum of $5,000
                    for each alien stowaway not removed.
                      (C) No compromise.--The Attorney General may
                    not compromise the amount of such penalty under
                    this paragraph.
              (2) Clearing vessels and aircraft.--
                      (A) Clearance before decision on liability.--
                    A vessel or aircraft may be granted clearance
                    before a decision on liability is made under
                    paragraph (1) only if a bond approved by the
                    Attorney General or an amount sufficient to pay
                    the civil penalty is deposited with the
                    Commissioner.
                      (B) Prohibition on clearance while penalty
                    unpaid.--A vessel or aircraft may not be
                    granted clearance if a civil penalty imposed
                    under paragraph (1) is not paid.
      (d) Discontinuing Granting Visas to Nationals of Country
    Denying or Delaying Accepting Alien.--On being notified by the
    Attorney General that the government of a foreign country
    denies or unreasonably delays accepting an alien who is a
    citizen, subject, national, or resident of that country after
    the Attorney General asks whether the government will accept
    the alien under this section, the Secretary of State shall
    order consular officers in that foreign country to discontinue
    granting immigrant visas or nonimmigrant visas, or both, to
    citizens, subjects, nationals, and residents of that country
    until the Attorney General notifies the Secretary that the
    country has accepted the alien.

                [suspension of deportation; voluntary departure

      [Sec. 244. (a) As hereinafter prescribed in this section, the
    Attorney General may, in his discretion, suspend deportation
    and adjust the status to that of an alien lawfully admitted for
    permanent residence, in the case of an alien (other than an
    alien described in section 241(a)(4)(D))) who applies to the
    Attorney General for suspension of deportation and--
              [(1) is deportable under any law of the United States
            except the provisions specified in paragraph (2) of
            this subsection; has been physically present in the
            United States for a continuous period of not less than
            seven years immediately preceding the date of such
            application, and proves that during all of such period
            he was and is a person of good moral character; and is
            a person whose deportation would, in the opinion of the
            Attorney General, result in extreme hardship to the
            alien or to his spouse, parent, or child, who is a
            citizen of the United States or an alien lawfully
            admitted for permanent residence;
              [(2) is deportable under paragraph (2), (3), or (4)
            of section 241(a); has been physically present in the
            United States for a continuous period of not less than
            10 years immediately following the commission of an
            act, or the assumption of a status, constituting a
            ground for deportation, and proves that during all of
            such period he has been and is a person of good moral
            character; and is a person whose deportation would, in
            the opinion of the Attorney General, result in
            exceptional and extremely unusual hardship to the alien
            or to his spouse, parent, or child, who is a citizen of
            the United States or an alien lawfully admitted for
            permanent residence; or
              [(3) is deportable under any law of the United States
            except section 241(a)(1)(G) and the provisions
            specified in paragraph (2); has been physically present
            in the United States for a continuous period of not
            less than 3 years immediately preceding the date of
            such application; has been battered or subjected to
            extreme cruelty in the United States by a spouse or
            parent who is a United States citizen or lawful
            permanent resident (or is the parent of a child of a
            United States citizen or lawful permanent resident and
            the child has been battered or subjected to extreme
            cruelty in the United States by such citizen or
            permanent resident parent); and proves that during all
            of such time in the United States the alien was and is
            a person of good moral character; and is a person whose
            deportation would, in the opinion of the Attorney
            General, result in extreme hardship to the alien or the
            alien's parent or child.
      [(b)(1) The requirement of continuous physical presence in
    the United States specified in paragraphs (1) and (2) of
    subsection (a) of this section shall not be applicable to an
    alien who (A) has served for a minimum period of twenty-four
    months in an active-duty status in the Armed Forces of the
    United States and, if separated from such service, was
    separated under honorable conditions, and (B) at the time of
    his enlistment or induction was in the United States.
      [(2) An alien shall not be considered to have failed to
    maintain continuous physical presence in the United States
    under paragraphs (1) and (2) of subsection (a) if the absence
    from the United States was brief, casual, and innocent and did
    not meaningfully interrupt the continuous physical presence.
      [(c) Upon application by any alien who is found by the
    Attorney General to meet the requirements of subsection (a) of
    this section the Attorney General may in his discretion suspend
    deportation of such alien.
      [(d) Upon the cancellation of deportation in the case of any
    alien under this section, the Attorney General shall record the
    alien's lawful admission for permanent residence as of the date
    the cancellation of deportation of such alien is made.
      [(e)(1) Except as provided in paragraph (2), the Attorney
    General may, in his discretion, permit any alien under
    deportation proceedings, other than an alien within the
    provisions of paragraph (2), (3), or (4) of section 241(a) (and
    also any alien within the purview of such paragraphs if he is
    also within the provisions of paragraph (2) of subsection (a)
    of this section), to depart voluntarily from the United States
    at his own expense in lieu of deportation if such alien shall
    establish to the satisfaction of the Attorney General that he
    is, and has been, a person of good moral character for at least
    five years immediately preceding his application for voluntary
    departure under this subsection.
      [(2) The authority contained in paragraph (1) shall not apply
    to any alien who is deportable because of a conviction for an
    aggravated felony.
      [(f) The provisions of subsection (a) shall not apply to an
    alien who--
              [(1) entered the United States as a crewman
            subsequent to June 30, 1964;
              [(2) was admitted to the United States as a
            nonimmigrant exchange alien as defined in section
            101(a)(15)(J), or has acquired the status of such a
            nonimmigrant exchange alien after admission, in order
            to receive graduate medical education, or training,
            regardless of whether or not the alien is subject to or
            has fulfilled the two-year foreign residence
            requirement of section 212(e); or
              [(3)(A) was admitted to the United States as a
            nonimmigrant exchange alien as defined in section
            101(a)(15)(J) or has acquired the status of such a
            nonimmigrant exchange alien after admission other than
            to receive graduate medical education or training, (B)
            is subject to the two-year foreign residence
            requirement of section 212(e), and (C) has not
            fulfilled that requirement or received a waiver
            thereof.
      [(g) In acting on applications under subsection (a)(3), the
    Attorney General shall consider any credible evidence relevant
    to the application. The determination of what evidence is
    credible and the weight to be given that evidence shall be
    within the sole discretion of the Attorney General.]

                           temporary protected status

      Sec. [244A.] 244. (a) Granting of Status.--
              (1) In general.--In the case of an alien who is a
            national of a foreign state designated under subsection
            (b) (or in the case of an alien having no nationality,
            is a person who last habitually resided in such
            designated state) and who meets the requirements of
            subsection (c), the Attorney General, in accordance
            with this section--
                      (A) may grant the alien temporary protected
                    status in the United States and shall not
                    [deport] remove the alien from the United
                    States during the period in which such status
                    is in effect, and
                      (B) shall authorize the alien to engage in
                    employment in the United States and provide the
                    alien with an ``employment authorized''
                    endorsement or other appropriate work permit.
              (2) Duration of work authorization.--Work
            authorization provided under this section shall be
            effective throughout the period the alien is in
            temporary protected status under this section.
              (3) Notice.--
                      (A) Upon the granting of temporary protected
                    status under this section, the Attorney General
                    shall provide the alien with information
                    concerning such status under this section.
                      (B) If, at the time of initiation of a
                    [deportation] removal proceeding against an
                    alien, the foreign state (of which the alien is
                    a national) is designated under subsection (b),
                    the Attorney General shall promptly notify the
                    alien of the temporary protected status that
                    may be available under this section.
                      (C) If, at the time of designation of a
                    foreign state under subsection (b), an alien
                    (who is a national of such state) is in a
                    [deportation] removal proceeding under this
                    title, the Attorney General shall promptly
                    notify the alien of the temporary protected
                    status that may be available under this
                    section.
              * * * * * * *
      (b) Designations.--
              (1)  * * *
              * * * * * * *
              (5) Review.--
                      (A) Designations.--There is no judicial
                    review of any determination of the Attorney
                    General with respect to the designation, or
                    termination or extension of a designation, of a
                    foreign state under this subsection.
                      (B) Application to individuals.--The Attorney
                    General shall establish an administrative
                    procedure for the review of the denial of
                    benefits to aliens under this subsection. Such
                    procedure shall not prevent an alien from
                    asserting protection under this section in
                    [deportation] removal proceedings if the alien
                    demonstrates that the alien is a national of a
                    state designated under paragraph (1).
      (c) Aliens Eligible for Temporary Protected Status.--
              (1)  * * *
              (2) Eligibility standards.--
                      (A)  * * *
                      (B) Aliens ineligible.--An alien shall not be
                    eligible for temporary protected status under
                    this section if the Attorney General finds
                    that--
                              (i) the alien has been convicted of
                            any felony or 2 or more misdemeanors
                            committed in the United States, or
                              (ii) the alien is described in
                            section [243(h)(2)] 208(b)(2)(A).
              * * * * * * *
      (e) Relation of Period of Temporary Protected Status to
    [Suspension of Deportation] Cancellation of Removal.--With
    respect to an alien granted temporary protected status under
    this section, the period of such status shall not be counted as
    a period of physical presence in the United States for purposes
    of section [244(a)] 240A(a), unless the Attorney General
    determines that extreme hardship exists. Such period shall not
    cause a break in the continuity of residence of the period
    before and after such period for purposes of such section.
              * * * * * * *

      adjustment of status of nonimmigrant to that of person admitted for
                              permanent residence

      Sec. 245. (a)  * * *
              * * * * * * *
      (c) Subsection (a) shall not be applicable to (1) an alien
    crewman; (2) an alien (other than [an immediate relative as
    defined in section 201(b)] a spouse or child of a citizen of
    the United States under section 201(b) or a parent of a citizen
    under section 203(a)(2) or a special immigrant described in
    section [101(a)(27)(H), (I),] 101(a)(27)(I), (J), or (K)) who
    hereafter continues in or accepts unauthorized employment prior
    to filing an application for adjustment of status or who is in
    unlawful immigration status on the date of filing the
    application for adjustment of status or who has failed (other
    than through no fault of his own or for technical reasons) to
    maintain continuously a lawful status since entry into the
    United States; (3) any alien admitted in transit without visa
    under section 212(d)(4)(C); (4) an alien (other than [an
    immediate relative as defined in section 201(b)] a spouse or
    child of a citizen of the United States under section 201(b) or
    a parent of a citizen under section 203(a)(2)) who was admitted
    as a nonimmigrant visitor without a visa under section 212(l)
    or section 217; [or] (5) an alien who was admitted as a
    nonimmigrant described in section 101(a)(15)(S), or (6) an
    alien who is deportable under section 237(a)(4)(B).
      (d) The Attorney General may not adjust, under subsection
    (a), the status of an alien lawfully admitted to the United
    States for permanent residence on a conditional basis under
    section 216. The Attorney General may not adjust, under
    subsection (a), the status of a nonimmigrant alien described in
    section 101(a)(15)(K) (relating to an alien fiancee or fiance
    or the minor child of such alien) except to that of an alien
    lawfully admitted to the United States on a conditional basis
    under section 216 as a result of the marriage of the
    nonimmigrant (or, in the case of a minor child, the parent) to
    the citizen who filed the petition to accord that alien's
    nonimmigrant status under section 101(a)(15)(K).
      (e)(1) Except as provided in paragraph (3), an alien who is
    seeking to receive an immigrant visa on the basis of a marriage
    which was entered into during the period described in paragraph
    (2) may not have the alien's status adjusted under subsection
    (a).
      (2) The period described in this paragraph is the period
    during which administrative or judicial proceedings are pending
    regarding the alien's right to [enter] be admitted or remain in
    the United States.
      (3) Paragraph (1) and section 204(g) shall not apply with
    respect to a marriage if the alien establishes by clear and
    convincing evidence to the satisfaction of the Attorney General
    that the marriage was entered into in good faith and in
    accordance with the laws of the place where the marriage took
    place and the marriage was not entered into for the purpose of
    procuring the alien's [entry] admission as an immigrant and no
    fee or other consideration was given (other than a fee or other
    consideration to an attorney for assistance in preparation of a
    lawful petition) for the filing of a petition under section
    204(a) or 214(d) with respect to the alien spouse or alien son
    or daughter. In accordance with regulations, there shall be
    only one level of administrative appellate review for each
    alien under the previous sentence.
      (f) The Attorney General may not adjust, under subsection
    (a), the status of an alien lawfully admitted to the United
    States for permanent residence on a conditional basis under
    section 216A.
              * * * * * * *
      (i)(1) Notwithstanding the provisions of subsections (a) and
    (c) of this section, an alien physically present in the United
    States who--
              (A) entered the United States without inspection; or
              (B) is within one of the classes enumerated in
            subsection (c) of this section

    may apply to the Attorney General for the adjustment of his or
    her status to that of an alien lawfully admitted for permanent
    residence. The Attorney General may accept such application
    only if the alien remits with such application a sum equalling
    [five times the fee required for the processing of applications
    under this section as of the date of receipt of the
    application,] $2,500 but such sum shall not be required from a
    child under the age of seventeen, or an alien who is the spouse
    or unmarried child of an individual who obtained temporary or
    permanent resident status under section 210 or 245A of the
    Immigration and Nationality Act or section 202 of the
    Immigration Reform and Control Act of 1986 at any date, who--
              (i) as of May 5, 1988, was the unmarried child or
            spouse of the individual who obtained temporary or
            permanent resident status under section 210 or 245A of
            the Immigration and Nationality Act or section 202 of
            the Immigration Reform and Control Act of 1986;
              (ii) entered the United States before May 5, 1988,
            resided in the United States on May 5, 1988, and is not
            a lawful permanent resident; and
              (iii) applied for benefits under section 301(a) of
            the Immigration Act of 1990. The sum specified herein
            shall be in addition to the fee normally required for
            the processing of an application under this section.
      (2) Upon receipt of such an application and the sum hereby
    required, the Attorney General may adjust the status of the
    alien to that of an alien lawfully admitted for permanent
    residence if--
              (A) the alien is eligible to receive an immigrant
            visa and is admissible to the United States for
            permanent residence; and
              (B) an immigrant visa is immediately available to the
            alien at the time the application is filed.
      (3) Sums remitted to the Attorney General pursuant to
    paragraphs (1) and (2) of this subsection shall be disposed of
    by the Attorney General as provided in sections 286 (m), (n),
    and (o) of this title.
      [(i)] (j)(1) If, in the opinion of the Attorney General--
              (A) a nonimmigrant admitted into the United States
            under section 101(a)(15)(S)(i) has supplied information
            described in subclause (I) of such section; and
              * * * * * * *
      (3) Upon the approval of adjustment of status under
    [paragraphs (1) or (2)] paragraph (1) or (2), the Attorney
    General shall record the alien's lawful admission for permanent
    residence as of the date of such approval and the Secretary of
    State shall reduce by one the number of visas authorized to be
    issued under sections 201(d) and 203(b)[(4)](6) for the fiscal
    year then current.

      adjustment of status of certain entrants before january 1, 1982, to
                  that of person admitted for lawful residence

      Sec. 245A. (a) Temporary Resident Status.--The Attorney
    General shall adjust the status of an alien to that of an alien
    lawfully admitted for temporary residence if the alien meets
    the following requirements:
              (1) Timely application.--
                      (A) During application period.--Except as
                    provided in subparagraph (B), the alien must
                    apply for such adjustment during the 12-month
                    period beginning on a date (not later than 180
                    days after the date of enactment of this
                    section) designated by the Attorney General.
                      (B) Application within 30 days of show-cause
                    order.--An alien who, at any time during the
                    first 11 months of the 12-month period
                    described in subparagraph (A), is the subject
                    of an order to show cause issued under section
                    242 (as in effect before October 1, 1996), must
                    make application under this section not later
                    than the end of the 30-day period beginning
                    either on the first day of such 12-month period
                    or on the date of the issuance of such order,
                    whichever day is later.
              * * * * * * *
      (c) Applications for Adjustment of Status.--
              (1)  * * *
              * * * * * * *
              (5) Confidentiality of information.--[Neither] (A)
            Except as provided in this paragraph, neither the
            Attorney General, nor any other official or employee of
            the Department of Justice, or bureau or agency thereof,
            may--
                      [(A)] (i) use the information furnished
                    pursuant to an application filed under this
                    section for any purpose other than to make a
                    determination on the application or for
                    enforcement of paragraph (6) or for the
                    preparation of reports to Congress under
                    section 404 of the Immigration Reform and
                    Control Act of 1986,
                      [(B)] (ii) make any publication whereby the
                    information furnished by any particular
                    individual can be identified, or
                      [(C)] (iii) permit anyone other than the
                    sworn officers and employees of the Department
                    or bureau or agency or, with respect to
                    applications filed with a designated entity,
                    that designated entity, to examine individual
                    applications[;].
            [except that the]
              (B) The Attorney General may provide, in the Attorney
            General's discretion, for the furnishing of information
            furnished under this section in the same manner and
            circumstances as census information may be disclosed by
            the Secretary of Commerce under section 8 of title 13,
            United States Code.
              (C) The Attorney General may authorize an application
            to a Federal court of competent jurisdiction for, and a
            judge of such court may grant, an order authorizing
            disclosure of information contained in the application
            of the alien under this section to be used--
                      (i) for identification of the alien when
                    there is reason to believe that the alien has
                    been killed or severely incapacitated; or
                      (ii) for criminal law enforcement purposes
                    against the alien whose application is to be
                    disclosed if the alleged criminal activity
                    occurred after the legalization application was
                    filed and such activity involves terrorist
                    activity or poses either an immediate risk to
                    life or to national security, or would be
                    prosecutable as an aggravated felony, but
                    without regard to the length of sentence that
                    could be imposed on the applicant.
              (D) Anyone who uses, publishes, or permits
            information to be examined in violation of this
            paragraph shall be fined in accordance with title 18,
            United States Code, or imprisoned not more than five
            years, or both.
              (E) Nothing in this paragraph shall preclude the
            release for immigration enforcement purposes of the
            following information contained in files or records of
            the Service pertaining to the application:
                      (i) The immigration status of the applicant
                    on any given date after the date of filing the
                    application (including whether the applicant
                    was authorized to work) but only for purposes
                    of a determination of whether the applicant is
                    eligible for relief from deportation or removal
                    and not otherwise.
                      (ii) The date of the applicant's adjustment
                    (if any) to the status of an alien lawfully
                    admitted for permanent residence.
                      (iii) Information concerning whether the
                    applicant has been convicted of a crime
                    occurring after the date of filing the
                    application.
                      (iv) The date or disposition of the
                    application.
              * * * * * * *
      (f) Administrative and Judicial Review.--
              (1)  * * *
              * * * * * * *
              (4) Judicial review.--
                      (A) Limitation to review of deportation.--
                    There shall be judicial review of such a denial
                    only in the judicial review of an order of
                    deportation under section 106 (as in effect
                    before October 1, 1996).
              * * * * * * *

                       rescission of adjustment of status

      Sec. 246. (a) If, at any time within five years after the
    status of a person has been otherwise adjusted under the
    provisions of section 245 or 249 of this Act or any other
    provision of law to that of an alien lawfully admitted for
    permanent residence, it shall appear to the satisfaction of the
    Attorney General that the person was not in fact eligible for
    such adjustment of status, the Attorney General shall rescind
    the action taken granting an adjustment of status to such
    person and cancelling [deportation] removal in the case of such
    person if that occurred and the person shall thereupon be
    subject to all provisions of this Act to the same extent as if
    the adjustment of status had not been made. Nothing in this
    subsection shall require the Attorney General to rescind the
    alien's status prior to commencement of procedures to remove
    the alien under section 240, and an order of removal issued by
    an immigration judge shall be sufficient to rescind the alien's
    status.
              * * * * * * *

     adjustment of status of certain resident aliens to nonimmigrant status

      Sec. 247. (a) The status of an alien lawfully admitted for
    permanent residence shall be adjusted by the Attorney General,
    under such regulations as he may prescribe, to that of a
    nonimmigrant under paragraph (15)(A), (15)(E), or (15)(G) of
    section 101(a), if such alien had at the time of [entry]
    admission or subsequently acquires an occupational status which
    would, if he were seeking admission to the United States,
    entitle him to a nonimmigrant status under such sections. As of
    the date of the Attorney General's order making such adjustment
    of status, the Attorney General shall cancel the record of the
    alien's admission for permanent residence, and the immigrant
    status of such alien shall thereby be terminated.
              * * * * * * *

                     change of nonimmigrant classification

      Sec. 248. The Attorney General may, under such conditions as
    he may prescribe, authorize a change from any nonimmigrant
    classification to any other nonimmigrant classification in the
    case of any alien lawfully admitted to the United States as a
    nonimmigrant who is continuing to maintain that status, except
    in the case of--
              (1) an alien classified as a nonimmigrant under
            subparagraph (C), (D), (K), or (S) of section
            101(a)(15),
              * * * * * * *
              (4) an alien admitted as a nonimmigrant visitor
            without a visa under section 212(l) or section 217.
    Any alien whose status is changed under this section may apply
    to the Secretary of State for a visa without having to leave
    the United States and apply at the visa office.

      record of admission for permanent residence in the case of certain
     aliens who entered the united states prior to july 1, 1924 or january
                                    1, 1972

      Sec. 249. A record of lawful admission for permanent
    residence may, in the discretion of the Attorney General and
    under such regulations as he may prescribe, be made in the case
    of any alien, as of the date of the approval of his application
    or, if entry occurred prior to July 1, 1924, as of the date of
    such entry, if no such record is otherwise available and such
    alien shall satisfy the Attorney General that he is not
    inadmissible under section 212(a)(3)(E) or under section 212(a)
    insofar as it relates to criminals, procurers and other immoral
    persons, subversives, violators of the narcotic laws or
    smugglers of aliens, and he establishes that he--
              (a) entered the United States prior to January 1,
            1972;
              (b) has had his residence in the United States
            continuously since such entry;
              (c) is a person of good moral character; and
              (d) is not ineligible to citizenship and is not
            deportable under section 237(a)(4)(B).
              * * * * * * *

            Chapter 6--Special Provisions Relating to Alien Crewmen

              * * * * * * *

                    conditional permits to land temporarily

      Sec. 252. (a)  * * *
      (b) Pursuant to regulations prescribed by the Attorney
    General, any immigration officer may, in his discretion, if he
    determines that an alien is not a bona fide crewman, or does
    not intend to depart on the vessel or aircraft which brought
    him, revoke the conditional permit to land which was granted
    such crewman under the provisions of subsection (a)(1), take
    such crewman into custody, and require the master or commanding
    officer of the vessel or aircraft on which the crewman arrived
    to receive and detain him on board such vessel or aircraft, if
    practicable, and such crewman shall be [deported] removed from
    the United States at the expense of the transportation line
    which brought him to the United States. Until such alien is so
    [deported] removed, any expenses of his detention shall be
    borne by such transportation company. Nothing in this section
    shall be construed to require the procedure prescribed in
    section [242] 240 of this Act to cases falling within the
    provisions of this subsection.
              * * * * * * *

                            control of alien crewmen

      Sec. 254. (a) The owner, agent, consignee, charterer, master,
    or commanding officer of any vessel or aircraft arriving in the
    United States from any place outside thereof who fails (1) to
    detain on board the vessel, or in the case of an aircraft to
    detain at a place specified by an immigration officer at the
    expense of the airline, any alien crewman employed thereon
    until an immigration officer has completely inspected such
    alien crewman, including a physical examination by the medical
    examiner, or (2) to detain any alien crewman on board the
    vessel, or in the case of an aircraft at a place specified by
    an immigration officer at the expense of the airline, after
    such inspection unless a conditional permit to land temporarily
    has been granted such alien crewman under section 252 or unless
    an alien crewman has been permitted to land temporarily under
    section 212(d)(5) or 253 for medical or hospital treatment, or
    (3) to [deport] remove such alien crewman if required to do so
    by an immigration officer, whether such [deportation] removal
    requirement is imposed before or after the crewman is permitted
    to land temporarily under section 212(d)(5), 252, or 253, shall
    pay to the Commissioner the sum of $3,000 for each alien
    crewman in respect of whom any such failure occurs. No such
    vessel or aircraft shall be granted clearance pending the
    determination of the liability to the payment of such fine, or
    while the fine remains unpaid, except that clearance may be
    granted prior to the determination of such question upon the
    deposit of a sum sufficient to cover such fine, or of a bond
    with sufficient surety to secure the payment thereof approved
    by the Commissioner. The Attorney General may, upon application
    in writing therefor, mitigate such penalty to not less than
    $500 for each alien crewman in respect of whom such failure
    occurs, upon such terms as he shall think proper.
      (b) Except as may be otherwise prescribed by regulations
    issued by the Attorney General, proof that an alien crewman did
    not appear upon the outgoing manifest of the vessel or aircraft
    on which he arrived in the United States from any place outside
    thereof, or that he was reported by the master or commanding
    officer of such vessel or aircraft as a deserter, shall be
    prima facie evidence of a failure to detain or [deport] remove
    such alien crewman.
      (c) If the Attorney General finds that [deportation] removal
    of an alien crewman under this section on the vessel or
    aircraft on which he arrived is impracticable or impossible, or
    would cause undue hardship to such alien crewman, he may cause
    the alien crewman to be [deported] removed from the port of
    arrival or any other port on another vessel or aircraft of the
    same transportation line, unless the Attorney General finds
    this to be impracticable. All expenses incurred in connection
    with such [deportation] removal, including expenses incurred in
    transferring an alien crewman from one place in the United
    States to another under such conditions and safeguards as the
    Attorney General shall impose, shall be paid by the owner or
    owners of the vessel or aircraft on which the alien arrived in
    the United States. The vessel or aircraft on which the alien
    arrived shall not be granted clearance until such expenses have
    been paid or their payment guaranteed to the satisfaction of
    the Attorney General. An alien crewman who is transferred
    within the United States in accordance with this subsection
    shall not be regarded as having been landed in the United
    States.
              * * * * * * *

         limitations on performance of longshore work by alien crewmen

        Sec. 258. (a)  * * *
      (b) Longshore Work Defined.--
              (1)  * * *
              (2) Exception for safety and environmental
            protection.--The term ``longshore work'' does not
            include the loading or unloading of any cargo for which
            the Secretary of Transportation has, under the
            authority contained in chapter 37 of title 46, United
            States Code (relating to Carriage of Liquid Bulk
            Dangerous Cargoes), section 311 of the Federal Water
            Pollution Control Act (33 U.S.C. 1321), section 4106 of
            the Oil Pollution Act of 1990, or [section 105 or 106
            of the Hazardous Materials Transportation Act (49
            U.S.C. App. 1804, 1805)] section 5103(b), 5104, 5106,
            5107, or 5110 of title 49, United States Code
            prescribed regulations which govern--
                      (A) the handling or stowage of such cargo,
                      (B) the manning of vessels and the duties,
                    qualifications, and training of the officers
                    and crew of vessels carrying such cargo, and
                      (C) the reduction or elimination of discharge
                    during ballasting, tank cleaning, handling of
                    such cargo.
              * * * * * * *

              provisions governing registration of special groups

      Sec. 263. (a) Notwithstanding the provisions of sections 261
    and 262, the Attorney General is authorized to prescribe
    special regulations and forms for the registration and
    fingerprinting of (1) alien crewmen, (2) holders of border-
    crossing identification cards, (3) aliens confined in
    institutions within the United States, (4) aliens under order
    of [deportation] removal, [and (5)] (5) aliens who are or have
    been on criminal probation or criminal parole within the United
    States, and (6) aliens of any other class not lawfully admitted
    to the United States for permanent residence.
              * * * * * * *

                              forms and procedure

      Sec. 264. (a)  * * *
              * * * * * * *
      (f) Notwithstanding any other provision of law, the Attorney
    General is authorized to require any alien to provide the
    alien's social security account number for purposes of
    inclusion in any record of the alien maintained by the Attorney
    General or the Service.
              * * * * * * *

                                   penalties

      Sec. 266. (a)  * * *
      (b) Any alien or any parent or legal guardian in the United
    States of any alien who fails to give written notice to the
    Attorney General, as required by section 265 of this title,
    shall be guilty of a misdemeanor and shall, upon conviction
    thereof, be fined not to exceed $200 or be imprisoned not more
    than thirty days, or both. Irrespective of whether an alien is
    convicted and punished as herein provided, any alien who fails
    to give written notice to the Attorney General, as required by
    section 265, shall be taken into custody and [deported] removed
    in the manner provided by chapter [5] 4 of this title, unless
    such alien establishes to the satisfaction of the Attorney
    General that such failure was reasonably excusable or was not
    willful.
      (c) Any alien or any parent or legal guardian of any alien,
    who files an application for registration containing statements
    known by him to be false, or who procures or attempts to
    procure registration of himself or another person through
    fraud, shall be guilty of a misdemeanor and shall, upon
    conviction thereof, be fined not to exceed $1,000, or be
    imprisoned not more than six months, or both; and any alien so
    convicted shall, upon the warrant of the Attorney General, be
    taken into custody and be [deported] removed in the manner
    provided in chapter [5] 4 of this title.
              * * * * * * *

                     Chapter 8--General Penalty Provisions

              * * * * * * *

      bringing in aliens subject to [exclusion] denial of admission on a
                             health-related ground

      Sec. 272. (a) Any person who shall bring to the United States
    an alien (other than an alien crewman) who is [excludable]
    inadmissible under section 212(a)(1) shall pay to the
    Commissioner for each and every alien so afflicted the sum of
    $3,000 unless (1) the alien was in possession of a valid,
    unexpired immigrant visa, or (2) the alien was allowed to land
    in the United States, or (3) the alien was in possession of a
    valid unexpired nonimmigrant visa or other document authorizing
    such alien to apply for temporary admission to the United
    States or an unexpired reentry permit issued to him, and (A)
    such application was made within one hundred and twenty days of
    the date of issuance of the visa or other document, or in the
    case of an alien in possession of a reentry permit, within one
    hundred and twenty days of the date on which the alien was last
    examined and admitted by the Service, or (B) in the event the
    application was made later than one hundred and twenty days of
    the date of issuance of the visa or other document or such
    examination and admission, if such person establishes to the
    satisfaction of the Attorney General that the existence of the
    [excluding condition] condition causing inadmissibility could
    not have been detected by the exercise of due diligence prior
    to the alien's embarkation.
      (b) No vessel or aircraft shall be granted clearance papers
    pending determination of the question of liability to the
    payment of any fine under this section, or while the fines
    remain unpaid, nor shall such fines be remitted or refunded;
    but clearance may be granted prior to the determination of such
    question upon the deposit of a sum sufficient to cover such
    fines or of a bond with sufficient surety to secure the payment
    thereof, approved by the Commissioner.
      (c) Nothing contained in this section shall be construed to
    subject transportation companies to a fine for bringing to
    ports of entry in the United States aliens who are entitled by
    law to exemption from the [excluding] provisions of section
    212(a).
      (d) As used in this section, the term ``person'' means the
    owner, master, agent, commanding officer, charterer, or
    consignee of any vessel or aircraft.

                 unlawful bringing of aliens into united states

      Sec. 273. (a)(1) It shall be unlawful for any person,
    including any transportation company, or the owner, master,
    commanding officer, agent, charterer, or consignee of any
    vessel or aircraft, to bring to the United States from any
    place outside thereof (other than from foreign contiguous
    territory) any alien who does not have a valid passport and an
    unexpired visa, if a visa was required under this Act or
    regulations issued thereunder.
      (2) It is unlawful for an owner, agent, master, commanding
    officer, person in charge, purser, or consignee of a vessel or
    aircraft who is bringing an alien (except an alien crewmember)
    to the United States to take any consideration to be kept or
    returned contingent on whether an alien is admitted to, or
    ordered removed from, the United States.
      (b) If it appears to the satisfaction of the Attorney General
    that any alien has been so brought, such person, or
    transportation company, or the master, commanding officer,
    agent, owner, charterer, or consignee of any such vessel or
    aircraft, shall pay to the Commissioner a fine of $3,000 for
    each alien so brought and, except in the case of any such alien
    who is admitted, or permitted to land temporarily, in addition,
    an amount equal to that paid by such alien for his
    transportation from the initial point of departure, indicated
    in his ticket, to the port of arrival, such latter fine to be
    delivered by the Commissioner to the alien on whose account the
    assessment is made. No vessel or aircraft shall be granted
    clearance pending the determination of the liability to the
    payment of such fine or while such fine [remain] remains
    unpaid, except that clearance may be granted prior to the
    determination of such question upon the deposit of an amount
    sufficient to cover such fine, or of a bond with sufficient
    surety to secure the payment thereof approved by the
    Commissioner.
              * * * * * * *
      [(d) The owner, charterer, agent, consignee, commanding
    officer, or master of any vessel or aircraft arriving at the
    United States from any place outside the United States who
    fails to deport any alien stowaway on the vessel or aircraft on
    which such stowaway arrived or on another vessel or aircraft at
    the expense of the vessel or aircraft on which such stowaway
    arrived when required to do so by an immigration officer, shall
    pay to the Commissioner the sum of $3,000 for each alien
    stowaway, in respect of whom any such failure occurs. Pending
    final determination of liability for such fine, no such vessel
    or aircraft shall be granted clearance, except that clearance
    may be granted upon the deposit of an amount sufficient to
    cover such fine, or of a bond with sufficient surety to secure
    the payment thereof approved by the Commissioner. The
    provisions of section 235 for detention of aliens for
    examination before special inquiry officers and the right of
    appeal provided for in section 236 shall not apply to aliens
    who arrive as stowaways and no such alien shall be permitted to
    land in the United States, except temporarily for medical
    treatment, or pursuant to such regulations as the Attorney
    General may prescribe for the ultimate departure or removal or
    deportation of such alien from the United States.]
              * * * * * * *

                    bringing in and harboring certain aliens

      Sec. 274. (a) Criminal Penalties.--(1)(A)  * * *
      (B) A person who violates subparagraph (A) shall, for each
    alien in respect to whom such a violation occurs--
              (i) in the case of a violation of subparagraph (A)(i)
            or in the case of a violation of subparagraph (A)(ii),
            (iii), or (iv) in which the offense was done for the
            purpose of commercial advantage or private financial
            gain, be fined under title 18, United States Code,
            imprisoned not more than 10 years, or both;
              * * * * * * *
      (C) Any person who engages in any conspiracy to commit, or
    aids or abets the commission of, any of the acts described in--
              (i) subparagraph (A)(i) shall be fined under title
            18, United States Code, imprisoned not more than 10
            years, or both; or
              (ii) clause (ii), (iii), or (iv) of subparagraph (A)
            shall be fined under title 18, United States Code,
            imprisoned not more than 5 years, or both.
      (2) Any person who, knowing or in reckless disregard of the
    fact that an alien has not received prior official
    authorization to come to, enter, or reside in the United
    States, brings to or attempts to bring to the United States in
    any manner whatsoever, such alien, regardless of any official
    action which may later be taken with respect to such alien
    shall, [for each transaction constituting a violation of this
    paragraph, regardless of the number of aliens involved] for
    each alien in respect to whom a violation of this paragraph
    occurs--
              (A) be fined in accordance with title 18, United
            States Code, or imprisoned not more than one year, or
            both; or
              (B) in the case of--
                      (i) a second or subsequent offense,
                      (ii) an offense done for the purpose of
                    commercial advantage or private financial gain,
                    [or]
                      (iii) an offense in which the alien is not
                    upon arrival immediately brought and presented
                    to an appropriate immigration officer at a
                    designated port of entry, or
                      (iv) an offense committed with the intent or
                    with reason to believe that the alien
                    unlawfully brought into the United States will
                    commit an offense against the United States or
                    any State punishable by imprisonment for more
                    than 1 year,

            [be fined in accordance with title 18, United States
            Code, or in the case of a violation of subparagraph
            (B)(ii), imprisoned not more than 10 years, or both; or
            in the case of a violation of subparagraph (B)(i) or
            (B)(iii), imprisoned not more than 5 years, or both..]
            be fined under title 18, United States Code, and shall
            be imprisoned not less than 3 years or more than 10
            years.
              * * * * * * *

                         unlawful employment of aliens

      Sec. 274A. (a) Making Employment of Unauthorized Aliens
    Unlawful.--
              (1)  * * *
              * * * * * * *
              (3) Defense.--(A) A person or entity that establishes
            that it has complied in good faith with the
            requirements of subsection (b) with respect to the
            hiring, recruiting, or referral for employment of an
            alien in the United States has established an
            affirmative defense that the person or entity has not
            violated paragraph (1)(A) with respect to such hiring,
            recruiting, or referral.
              (B) Failure to seek and obtain confirmation.--Subject
            to subsection (b)(7), in the case of a hiring of an
            individual for employment in the United States by a
            person or entity that employs more than 3 employees,
            the following rules apply:
                      (i) Failure to seek confirmation.--
                              (I) In general.--If the person or
                            entity has not made an inquiry, under
                            the mechanism established under
                            subsection (b)(6), seeking confirmation
                            of the identity, social security
                            number, and work eligibility of the
                            individual, by not later than the end
                            of 3 working days (as specified by the
                            Attorney General) after the date of the
                            hiring, the defense under subparagraph
                            (A) shall not be considered to apply
                            with respect to any employment after
                            such 3 working days, except as provided
                            in subclause (II).
                              (II) Special rule for failure of
                            confirmation mechanism.--If such a
                            person or entity in good faith attempts
                            to make an inquiry during such 3
                            working days in order to qualify for
                            the defense under subparagraph (A) and
                            the confirmation mechanism has
                            registered that not all inquiries were
                            responded to during such time, the
                            person or entity can make an inquiry in
                            the first subsequent working day in
                            which the confirmation mechanism
                            registers no nonresponses and qualify
                            for the defense.
                      (ii) Failure to obtain confirmation.--If the
                    person or entity has made the inquiry described
                    in clause (i)(I) but has not received an
                    appropriate confirmation of such identity,
                    number, and work eligibility under such
                    mechanism within the time period specified
                    under subsection (b)(6)(D)(iii) after the time
                    the confirmation inquiry was received, the
                    defense under subparagraph (A) shall not be
                    considered to apply with respect to any
                    employment after the end of such time period.
              * * * * * * *
              (6) Treatment of documentation for certain
            employees.--
                      (A) In general.--For purposes of paragraphs
                    (1)(B) and (3), if--
                              (i) an individual is a member of a
                            collective-bargaining unit and is
                            employed, under a collective bargaining
                            agreement entered into between one or
                            more employee organizations and an
                            association of two or more employers,
                            by an employer that is a member of such
                            association, and
                              (ii) within the period specified in
                            subparagraph (B), another employer that
                            is a member of the association (or an
                            agent of such association on behalf of
                            the employer) has complied with the
                            requirements of subsection (b) with
                            respect to the employment of the
                            individual,

                    the subsequent employer shall be deemed to have
                    complied with the requirements of subsection
                    (b) with respect to the hiring of the employee
                    and shall not be liable for civil penalties
                    described in subsection (e)(5).
                      (B) Period.--The period described in this
                    subparagraph is--
                              (i) up to 5 years in the case of an
                            individual who has presented
                            documentation identifying the
                            individual as a national of the United
                            States or as an alien lawfully admitted
                            for permanent residence; or
                              (ii) up to 3 years (or, if less, the
                            period of time that the individual is
                            authorized to be employed in the United
                            States) in the case of another
                            individual.
                      (C) Liability.--
                              (i) In general.--If any employer that
                            is a member of an association hires for
                            employment in the United States an
                            individual and relies upon the
                            provisions of subparagraph (A) to
                            comply with the requirements of
                            subsection (b) and the individual is an
                            unauthorized alien, then for the
                            purposes of paragraph (1)(A), subject
                            to clause (ii), the employer shall be
                            presumed to have known at the time of
                            hiring or afterward that the individual
                            was an unauthorized alien.
                              (ii) Rebuttal of presumption.--The
                            presumption established by clause (i)
                            may be rebutted by the employer only
                            through the presentation of clear and
                            convincing evidence that the employer
                            did not know (and could not reasonably
                            have known) that the individual at the
                            time of hiring or afterward was an
                            unauthorized alien.
      (b) Employment Verification System.--The requirements
    referred to in paragraphs (1)(B) and (3) of subsection (a) are,
    in the case of a person or other entity hiring, recruiting, or
    referring an individual for employment in the United States,
    the requirements specified in the following three paragraphs:
              (1) Attestation after examination of documentation.--
                      (A)  * * *
                      (B) Documents establishing both employment
                    authorization and identity.--A document
                    described in this subparagraph is an
                    individual's--
                              (i) United States passport; or
                              [(ii) certificate of United States
                            citizenship;
                              [(iii) certificate of naturalization;
                              [(iv) unexpired foreign passport, if
                            the passport has an appropriate,
                            unexpired endorsement of the Attorney
                            General authorizing the individual's
                            employment in the United States; or]
                              [(v)] (ii) resident alien card [or
                            other alien registration card, if the
                            card], alien registration card, or
                            other document designated by regulation
                            by the Attorney General, if the
                            document--
                                      (I) contains a photograph of
                                    the individual or such other
                                    personal identifying
                                    information relating to the
                                    individual as the Attorney
                                    General finds, by regulation,
                                    sufficient for purposes of this
                                    subsection, and
                                      (II) is evidence of
                                    authorization of employment in
                                    the United States.
                      [(C) Documents evidencing employment
                    authorization.--A document described in this
                    subparagraph is an individual's--
                              [(i) social security account number
                            card (other than such a card which
                            specifies on the face that the issuance
                            of the card does not authorize
                            employment in the United States);
                              [(ii) certificate of birth in the
                            United States or establishing United
                            States nationality at birth, which
                            certificate the Attorney General finds,
                            by regulation, to be acceptable for
                            purposes of this section; or
                              [(iii) other documentation evidencing
                            authorization of employment in the
                            United States which the Attorney
                            General finds, by regulation, to be
                            acceptable for purposes of this
                            section.]
                      (C) Social security account number card as
                    evidence of employment authorization.--A
                    document described in this subparagraph is an
                    individual's social security account number
                    card (other than such a card which specifies on
                    the face that the issuance of the card does not
                    authorize employment in the United States).
                      (D) Documents establishing identity of
                    individual.--A document described in this
                    subparagraph is an individual's--
                              (i) driver's license or similar
                            document issued for the purpose of
                            identification by a State, if it
                            contains a photograph of the individual
                            or such other personal identifying
                            information relating to the individual
                            as the Attorney General finds, by
                            regulation, sufficient for purposes of
                            this section; or
                              (ii) in the case of individuals under
                            16 years of age or in a State which
                            does not provide for issuance of an
                            identification document (other than a
                            driver's license) referred to in clause
                            (i), documentation of personal identity
                            of such other type as the Attorney
                            General finds, by regulation, provides
                            a reliable means of identification.
              [(2) Individual attestation of employment
            authorization.--The individual must attest, under
            penalty of perjury on the form designated or
            established for purposes of paragraph (1), that the
            individual is a citizen or national of the United
            States, an alien lawfully admitted for permanent
            residence, or an alien who is authorized under this Act
            or by the Attorney General to be hired, recruited, or
            referred for such employment.
              [(3) Retention of verification form.--After
            completion of such form in accordance with paragraphs
            (1) and (2), the person or entity must retain the form
            and make it available for inspection by officers of the
            Service, the Special Counsel for Immigration-Related
            Unfair Employment Practices, or the Department of Labor
            during a period beginning on the date of the hiring,
            recruiting, or referral of the individual and ending--
                      [(A) in the case of the recruiting or
                    referral for a fee (without hiring) of an
                    individual, three years after the date of the
                    recruiting or referral, and
                      [(B) in the case of the hiring of an
                    individual--
                              [(i) three years after the date of
                            such hiring, or
                              [(ii) one year after the date the
                            individual's employment is terminated,

                    whichever is later.]
              (2) Individual attestation of employment
            authorization and provision of social security account
            number.--The individual must--
                      (A) attest, under penalty of perjury on the
                    form designated or established for purposes of
                    paragraph (1), that the individual is a citizen
                    or national of the United States, an alien
                    lawfully admitted for permanent residence, or
                    an alien who is authorized under this Act or by
                    the Attorney General to be hired, recruited, or
                    referred for such employment; and
                      (B) provide on such form the individual's
                    social security account number.
              (3) Retention of verification form and
            confirmation.--After completion of such form in
            accordance with paragraphs (1) and (2), the person or
            entity must--
                      (A) retain the form and make it available for
                    inspection by officers of the Service, the
                    Special Counsel for Immigration-Related Unfair
                    Employment Practices, or the Department of
                    Labor during a period beginning on the date of
                    the hiring, recruiting, or referral of the
                    individual and ending--
                              (i) in the case of the recruiting or
                            referral for a fee (without hiring) of
                            an individual, three years after the
                            date of the recruiting or referral, and
                              (ii) in the case of the hiring of an
                            individual--
                                      (I) three years after the
                                    date of such hiring, or
                                      (II) one year after the date
                                    the individual's employment is
                                    terminated,

                            whichever is later; and
                      (B) subject to paragraph (7), if the person
                    employs more than 3 employees, seek to have
                    (within 3 working days of the date of hiring)
                    and have (within the time period specified
                    under paragraph (6)(D)(iii)) the identity,
                    social security number, and work eligibility of
                    the individual confirmed in accordance with the
                    procedures established under paragraph (6),
                    except that if the person or entity in good
                    faith attempts to make an inquiry in accordance
                    with the procedures established under paragraph
                    (6) during such 3 working days in order to
                    fulfill the requirements under this
                    subparagraph, and the confirmation mechanism
                    has registered that not all inquiries were
                    responded to during such time, the person or
                    entity shall make an inquiry in the first
                    subsequent working day in which the
                    confirmation mechanism registers no
                    nonresponses.
              (4) Copying of documentation permitted.--
            Notwithstanding any other provision of law, the person
            or entity may copy a document presented by an
            individual pursuant to this subsection and may retain
            the copy, but only (except as otherwise permitted under
            law) for the purpose of complying with the requirements
            of this subsection.
              (5) Limitation on use of attestation form.--A form
            designated or established by the Attorney General under
            this subsection and any information contained in or
            appended to such form, may not be used for purposes
            other than for enforcement of this Act and sections
            1001, 1028, 1546, and 1621 of title 18, United States
            Code.
              (6) Employment eligibility confirmation process.--
                      (A) In general.--Subject to paragraph (7),
                    the Attorney General shall establish a
                    confirmation mechanism through which the
                    Attorney General (or a designee of the Attorney
                    General which may include a nongovernmental
                    entity)--
                              (i) responds to inquiries by
                            employers, made through a toll-free
                            telephone line or other electronic
                            media in the form of an appropriate
                            confirmation code or otherwise, on
                            whether an individual is authorized to
                            be employed by that employer, and
                              (ii) maintains a record that such an
                            inquiry was made and the confirmation
                            provided (or not provided).
                      (B) Expedited procedure in case of no
                    confirmation.--In connection with subparagraph
                    (A), the Attorney General shall establish, in
                    consultation with the Commissioner of Social
                    Security and the Commissioner of the Service,
                    expedited procedures that shall be used to
                    confirm the validity of information used under
                    the confirmation mechanism in cases in which
                    the confirmation is sought but is not provided
                    through the confirmation mechanism.
                      (C) Design and operation of mechanism.--The
                    confirmation mechanism shall be designed and
                    operated--
                              (i) to maximize the reliability of
                            the confirmation process, and the ease
                            of use by employers, recruiters, and
                            referrers, consistent with insulating
                            and protecting the privacy and security
                            of the underlying information, and
                              (ii) to respond to all inquiries made
                            by employers on whether individuals are
                            authorized to be employed by those
                            employers, recruiters, or referrers
                            registering all times when such
                            response is not possible.
                      (D) Confirmation process.--(i) As part of the
                    confirmation mechanism, the Commissioner of
                    Social Security shall establish a reliable,
                    secure method, which within the time period
                    specified under clause (iii), compares the name
                    and social security account number provided
                    against such information maintained by the
                    Commissioner in order to confirm (or not
                    confirm) the validity of the information
                    provided and whether the individual has
                    presented a social security account number that
                    is not valid for employment. The Commissioner
                    shall not disclose or release social security
                    information.
                      (ii) As part of the confirmation mechanism,
                    the Commissioner of the Service shall establish
                    a reliable, secure method, which, within the
                    time period specified under clause (iii),
                    compares the name and alien identification
                    number (if any) provided against such
                    information maintained by the Commissioner in
                    order to confirm (or not confirm) the validity
                    of the information provided and whether the
                    alien is authorized to be employed in the
                    United States.
                      (iii) For purposes of this section, the
                    Attorney General (or a designee of the Attorney
                    General) shall provide through the confirmation
                    mechanism confirmation or a tentative
                    nonconfirmation of an individual's employment
                    eligibility within 3 working days of the
                    initial inquiry. In cases of tentative
                    nonconfirmation, the Attorney General shall
                    specify, in consultation with the Commissioner
                    of Social Security and the Commissioner of the
                    Service, an expedited time period not to exceed
                    10 working days within which final confirmation
                    or denial must be provided through the
                    confirmation mechanism in accordance with the
                    procedures under subparagraph (B).
                      (iv) The Commissioners shall update their
                    information in a manner that promotes the
                    maximum accuracy and shall provide a process
                    for the prompt correction of erroneous
                    information.
                      (E) Protections.--(i) In no case shall an
                    individual be denied employment because of
                    inaccurate or inaccessible data under the
                    confirmation mechanism.
                      (ii) The Attorney General shall assure that
                    there is a timely and accessible process to
                    challenge nonconfirmations made through the
                    mechanism.
                      (iii) If an individual would not have been
                    dismissed from a job but for an error of the
                    confirmation mechanism, the individual will be
                    entitled to compensation through the mechanism
                    of the Federal Tort Claims Act.
                      (F) Tester program.--As part of the
                    confirmation mechanism, the Attorney General
                    shall implement a program of testers and
                    investigative activities (similar to testing
                    and other investigative activities assisted
                    under the fair housing initiatives program
                    under section 561 of the Housing and Community
                    Development Act of 1987 to enforce rights under
                    the Fair Housing Act) in order to monitor and
                    prevent unlawful discrimination under the
                    mechanism.
                      (G) Protection from liability for actions
                    taken on the basis of information provided by
                    the employment eligibility confirmation
                    mechanism.--No person shall be civilly or
                    criminally liable for any action taken in good
                    faith reliance on information provided through
                    the employment eligibility confirmation
                    mechanism established under this paragraph
                    (including any pilot program established under
                    paragraph (7)).
              (7) Application of confirmation mechanism through
            pilot projects.--
                      (A) In general.--Subsection (a)(3)(B) and
                    paragraph (3) shall only apply to individuals
                    hired if they are covered under a pilot project
                    established under this paragraph.
                      (B) Undertaking pilot projects.--For purposes
                    of this paragraph, the Attorney General shall
                    undertake pilot projects for all employers in
                    at least 5 of the 7 States with the highest
                    estimated population of unauthorized aliens, in
                    order to test and assure that the confirmation
                    mechanism described in paragraph (6) is
                    reliable and easy to use. Such projects shall
                    be initiated not later than 6 months after the
                    date of the enactment of this paragraph. The
                    Attorney General, however, shall not establish
                    such mechanism in other States unless Congress
                    so provides by law. The pilot projects shall
                    terminate on such dates, not later than October
                    1, 1999, as the Attorney General determines. At
                    least one such pilot project shall be carried
                    out through a nongovernmental entity as the
                    confirmation mechanism.
              (C) Report.--The Attorney General shall submit to the
            Congress annual reports in 1997, 1998, and 1999 on the
            development and implementation of the confirmation
            mechanism under this paragraph. Such reports may
            include an analysis of whether the mechanism
            implemented--
                      (i) is reliable and easy to use;
                      (ii) limits job losses due to inaccurate or
                    unavailable data to less than 1 percent;
                      (iii) increases or decreases discrimination;
                      (iv) protects individual privacy with
                    appropriate policy and technological
                    mechanisms; and
                      (v) burdens individual employers with costs
                    or additional administrative requirements.
              * * * * * * *
      (e) Compliance.--
              (1) Complaints and investigations.--The Attorney
            General shall establish procedures--
                      (A) for individuals and entities to file
                    written, signed complaints respecting potential
                    violations of subsection (a) or (g)(1),
                      (B) for the investigation of those complaints
                    which, on their face, have a substantial
                    probability of validity,
                      (C) for the investigation of such other
                    violations of subsection (a) or (g)(1) as the
                    Attorney General determines to be appropriate,
                    [and]
                      (D) for the designation in the Service of a
                    unit which has, as its primary duty, the
                    prosecution of cases of violations of
                    subsection (a) or (g)(1) under this
                    subsection[.], and
                      (E) under which a person or entity shall not
                    be considered to have failed to comply with the
                    requirements of subsection (b) based upon a
                    technical or procedural failure to meet a
                    requirement of such subsection in which there
                    was a good faith attempt to comply with the
                    requirement unless (i) the Service (or another
                    enforcement agency) has explained to the person
                    or entity the basis for the failure, (ii) the
                    person or entity has been provided a period of
                    not less than 10 business days (beginning after
                    the date of the explanation) within which to
                    correct the failure, and (iii) the person or
                    entity has not corrected the failure
                    voluntarily within such period, except that
                    this subparagraph shall not apply with respect
                    to the engaging by any person or entity of a
                    pattern or practice of violations of subsection
                    (a)(1)(A) or (a)(2).
              * * * * * * *
      [(i) Effective Dates.--
              [(1) 6-Month public information period.--During the
            six-month period beginning on the first day of the
            first month after the date of the enactment of this
            section--
                      [(A) the Attorney General, in cooperation
                    with the Secretaries of Agriculture, Commerce,
                    Health and Human Services, Labor, and the
                    Treasury and the Administrator of the Small
                    Business Administration, shall disseminate
                    forms and information to employers, employment
                    agencies, and organizations representing
                    employees and provide for public education
                    respecting the requirements of this section,
                    and
                      [(B) the Attorney General shall not conduct
                    any proceeding, nor issue any order, under this
                    section on the basis of any violation alleged
                    to have occurred during the period.
              [(2) 12-Month first citation period.--In the case of
            a person or entity, in the first instance in which the
            Attorney General has reason to believe that the person
            or entity may have violated subsection (a) during the
            subsequent 12-month period, the Attorney General shall
            provide a citation to the person or entity indicating
            that such a violation or violations may have occurred
            and shall not conduct any proceeding, nor issue any
            order, under this section on the basis of such alleged
            violation or violations.
              [(3) Deferral of enforcement with respect to seasonal
            agricultural services.--
                      [(A) In general.--Except as provided in
                    subparagraph (B), before the end of the
                    application period (as defined in subparagraph
                    (C)(i)), the Attorney General shall not conduct
                    any proceeding, nor impose any penalty, under
                    this section on the basis of any violation
                    alleged to have occurred with respect to
                    employment of an individual in seasonal
                    agricultural services.
                      [(B) Prohibition of recruitment outside the
                    united states.--
                              [(i) In general.--During the
                            application period, it is unlawful for
                            a person or entity (including a farm
                            labor contractor) or an agent of such a
                            person or entity, to recruit an
                            unauthorized alien (other than an alien
                            described in clause (ii)) who is
                            outside the United States to enter the
                            United States to perform seasonal
                            agricultural services.
                              [(ii) Exception.--Clause (i) shall
                            not apply to an alien who the person or
                            entity reasonably believes meets the
                            requirements of section 210(a)(2) of
                            this Act (relating to performance of
                            seasonal agricultural services).
                              [(iii) Penalty for violation.--A
                            person, entity, or agent that violates
                            clause (i) shall be deemed to be
                            subject to an order under this section
                            in the same manner as if it had
                            violated subsection (a)(1)(A), without
                            regard to paragraph (2) of this
                            subsection.
                      [(C) Definitions.--In this paragraph:
                              [(i) Application period.--The term
                            ``application period'' means the period
                            described in section 210(a)(1).
                              [(ii) Seasonal agricultural
                            services.--The term ``seasonal
                            agricultural services'' has the meaning
                            given such term in section 210(h).
      [(j) General Accounting Office Reports.--
              [(1) In general.--Beginning one year after the date
            of enactment of this section, and at intervals of one
            year thereafter for a period of three years after such
            date, the Comptroller General shall prepare and
            transmit to the Congress and to the taskforce
            established under subsection (k) a report describing
            the results of a review of the implementation and
            enforcement of this section during the preceding
            twelve-month period, for the purpose of determining
            if--
                      [(A) such provisions have been carried out
                    satisfactorily;
                      [(B) a pattern of discrimination has resulted
                    against citizens or nationals of the United
                    States or against eligible workers seeking
                    employment; and
                      [(C) an unnecessary regulatory burden has
                    been created for employers hiring such workers.
              [(2) Determination on discrimination.--In each
            report, the Comptroller General shall make a specific
            determination as to whether the implementation of this
            section has resulted in a pattern of discrimination in
            employment (against other than unauthorized aliens) on
            the basis of national origin.
              [(3) Recommendations.--If the Comptroller General has
            determined that such a pattern of discrimination has
            resulted, the report--
                      [(A) shall include a description of the scope
                    of that discrimination, and
                      [(B) may include recommendations for such
                    legislation as may be appropriate to deter or
                    remedy such discrim- ination.
      [(k) Review by Taskforce.--
              [(1) Establishment of joint taskforce.--The Attorney
            General, jointly with the Chairman of the Commission on
            Civil Rights and the Chairman of the Equal Employment
            Opportunity Commission, shall establish a taskforce to
            review each report of the Comptroller General
            transmitted under subsection (j)(1).
              [(2) Recommendations to congress.--If the report
            transmitted includes a determination that the
            implementation of this section has resulted in a
            pattern of discrimination in employment (against other
            than unauthorized aliens) on the basis of national
            origin, the taskforce shall, taking into consideration
            any recommendations in the report, report to Congress
            recommendations for such legislation as may be
            appropriate to deter or remedy such discrimination.
              [(3) Congressional hearings.--The Committees on the
            Judiciary of the House of Representatives and of the
            Senate shall hold hearings respecting any report of the
            taskforce under paragraph (2) within 60 days after the
            date of receipt of the report.
      [(l) Termination Date for Employer Sanctions.--
              [(1) If report of widespread discrimination and
            congressional approval.--The provisions of this section
            shall terminate 30 calendar days after receipt of the
            last report required to be transmitted under subsection
            (j), if--
                      [(A) the Comptroller General determines, and
                    so reports in such report, that a widespread
                    pattern of discrimination has resulted against
                    citizens or nationals of the United States or
                    against eligible workers seeking employment
                    solely from the implementation of this section;
                    and
                      [(B) there is enacted, within such period of
                    30 calendar days, a joint resolution stating in
                    substance that the Congress approves the
                    findings of the Comptroller General contained
                    in such report.
              [(2) Senate procedures for consideration.--Any joint
            resolution referred to in clause (B) of paragraph (1)
            shall be considered in the Senate in accordance with
            subsection (n).
      [(m) Expedited Procedures in the House of Representatives.--
    For the purpose of expediting the consideration and adoption of
    joint resolutions under subsection (l), a motion to proceed to
    the consideration of any such joint resolution after it has
    been reported by the appropriate committee shall be treated as
    highly privileged in the House of Representatives.
      [(n) Expedited Procedures in the Senate.--
              [(1) Continuity of session.--For purposes of
            subsection (l), the continuity of a session of Congress
            is broken only by an adjournment of the Congress sine
            die, and the days on which either House is not in
            session because of an adjournment of more than three
            days to a day certain are excluded in the computation
            of the period indicated.
              [(2) Rulemaking power.--Paragraphs (3) and (4) of
            this subsection are enacted--
                      [(A) as an exercise of the rulemaking power
                    of the Senate and as such they are deemed a
                    part of the rules of the Senate, but applicable
                    only with respect to the procedure to be
                    followed in the Senate in the case of joint
                    resolutions referred to in subsection (l), and
                    supersede other rules of the Senate only to the
                    extent that such paragraphs are inconsistent
                    therewith; and
                      [(B) with full recognition of the
                    constitutional right of the Senate to change
                    such rules at any time, in the same manner as
                    in the case of any other rule of the Senate.
              [(3) Committee consideration.--
                      [(A) Motion to discharge.--If the committee
                    of the Senate to which has been referred a
                    joint resolution relating to the report
                    described in subsection (l) has not reported
                    such joint resolution at the end of ten
                    calendar days after its introduction, not
                    counting any day which is excluded under
                    paragraph (1) of this subsection, it is in
                    order to move either to discharge the committee
                    from further consideration of the joint
                    resolution or to discharge the committee from
                    further consideration of any other joint
                    resolution introduced with respect to the same
                    report which has been referred to the
                    committee, except that no motion to discharge
                    shall be in order after the committee has
                    reported a joint resolution with respect to the
                    same report.
                      [(B) Consideration of motion.--A motion to
                    discharge under subparagraph (A) of this
                    paragraph may be made only by a Senator
                    favoring the joint resolution, is privileged,
                    and debate thereon shall be limited to not more
                    than 1 hour, to be divided equally between
                    those favoring and those opposing the joint
                    resolution, the time to be divided equally
                    between, and controlled by, the majority leader
                    and the minority leader or their designees. An
                    amendment to the motion is not in order, and it
                    is not in order to move to reconsider the vote
                    by which the motion is agreed to or disagreed
                    to.
              [(4) Motion to proceed to consideration.--
                      [(A) In general.--A motion in the Senate to
                    proceed to the consideration of a joint
                    resolution shall be privileged. An amendment to
                    the motion shall not be in order, nor shall it
                    be in order to move to reconsider the vote by
                    which the motion is agreed to or disagreed to.
                      [(B) Debate on resolution.--Debate in the
                    Senate on a joint resolution, and all debatable
                    motions and appeals in connection therewith,
                    shall be limited to not more than 10 hours, to
                    be equally divided between, and controlled by,
                    the majority leader and the minority leader or
                    their designees.
                      [(C) Debate on motion.--Debate in the Senate
                    on any debatable motion or appeal in connection
                    with a joint resolution shall be limited to not
                    more than 1 hour, to be equally divided
                    between, and controlled by, the mover and the
                    manager of the joint resolution, except that in
                    the event the manager of the joint resolution
                    is in favor of any such motion or appeal, the
                    time in opposition thereto shall be controlled
                    by the minority leader or his designee. Such
                    leaders, or either of them, may, from time
                    under their control on the passage of a joint
                    resolution, allot additional time to any
                    Senator during the consideration of any
                    debatable motion or appeal.
                      [(D) Motions to limit debate.--A motion in
                    the Senate to further limit debate on a joint
                    resolution, debatable motion, or appeal is not
                    debatable. No amendment to, or motion to
                    recommit, a joint resolution is in order in the
                    Senate.]

                unfair immigration-related employment practices

      Sec. 274B. (a) Prohibition of Discrimination Based on
    National Origin or Citizenship Status.--
              (1)  * * *
              * * * * * * *
              (3) Definition of protected individual.--As used in
            paragraph (1), the term ``protected individual'' means
            an individual who--
                      (A) is a citizen or national of the United
                    States, or
                      (B) is an alien who is lawfully admitted for
                    permanent residence, is granted the status of
                    an alien lawfully admitted for temporary
                    residence under section 210(a)[, 210A(a),] or
                    245A(a)(1), is admitted as a refugee under
                    section 207, or is granted asylum under section
                    208; but does not include (i) an alien who
                    fails to apply for naturalization within six
                    months of the date the alien first becomes
                    eligible (by virtue of period of lawful
                    permanent residence) to apply for
                    naturalization or, if later, within six months
                    after the date of the enactment of this section
                    and (ii) an alien who has applied on a timely
                    basis, but has not been naturalized as a
                    citizen within 2 years after the date of the
                    application, unless the alien can establish
                    that the alien is actively pursuing
                    naturalization, except that time consumed in
                    the Service's processing the application shall
                    not be counted toward the 2-year period.
              * * * * * * *
              (6) Treatment of certain documentary practices as
            employment practices.--[For] (A) Subject to
            subparagraph (B), for purposes of paragraph (1), a
            person's or other entity's request, for purposes of
            satisfying the requirements of section 274A(b), for
            more or different documents than are required under
            such section or refusing to honor documents tendered
            that on their face reasonably appear to be genuine
            shall be treated as an unfair immigration-related
            employment practice relating to the hiring of
            individuals.
              (B) A person or other entity--
                      (i) may request a document proving a renewal
                    of employment authorization when an individual
                    has previously submitted a time-limited
                    document to satisfy the requirements of section
                    274A(b)(1); or
                      (ii) if possessing reason to believe that an
                    individual presenting a document which
                    reasonably appears on its face to be genuine is
                    nonetheless an unauthorized alien, (I) may
                    inform the individual of the question about the
                    document's validity, and of such person or
                    other entity's intention to verify the validity
                    of such document, and (II) upon receiving
                    confirmation that the individual is
                    unauthorized to work, may dismiss the
                    individual with no benefits or rights accruing
                    on the basis of the period employed.
            Nothing in this provision prohibits an individual from
            offering alternative documents that satisfy the
            requirements of section 274A(b)(1).
              * * * * * * *
      (g) Determinations.--
              (1) Order.--The administrative law judge shall issue
            and cause to be served on the parties to the proceeding
            an order, which shall be final unless appealed as
            provided under subsection (i).
              (2) Orders finding violations.--
                      (A) In general.--If, upon the preponderance
                    of the evidence, an administrative law judge
                    determines that any person or entity named in
                    the complaint has engaged in or is engaging in
                    any such unfair immigration-related employment
                    practice, then the judge shall state his
                    findings of fact and shall issue and cause to
                    be served on such person or entity an order
                    which requires such person or entity to cease
                    and desist from such unfair immigration-related
                    employment practice. Such order also shall
                    require the person or entity to comply with the
                    requirements of clauses (ii) and (vi) of
                    subparagraph (B).
                      (B) Contents of order.--[Such an order]
                    Subject to the second sentence of subparagraph
                    (A), such an order also may require the person
                    or entity--
                              (i) to comply with the requirements
                            of section 274A(b) with respect to
                            individuals hired (or recruited or
                            referred for employment for a fee)
                            during a period of up to three years;
              * * * * * * *
                              (vi) to educate all personnel
                            involved in hiring and complying with
                            this section or section 274A about the
                            requirements of this section or such
                            section and to certify the fact of such
                            education;
              * * * * * * *

                          penalties for document fraud

      Sec. 274C. (a) Activities Prohibited.--It is unlawful for any
    person or entity knowingly--
              (1) to forge, counterfeit, alter, or falsely make any
            document for the purpose of satisfying a requirement of
            this Act,
              (2) to use, attempt to use, possess, obtain, accept,
            or receive or to provide any forged, counterfeit,
            altered, or falsely made document in order to satisfy
            any requirement of this Act,
              (3) to use or attempt to use or to provide or attempt
            to provide any document lawfully issued to a person
            other than the possessor (including a deceased
            individual) for the purpose of satisfying a requirement
            of this Act, [or]
              (4) to accept or receive or to provide any document
            lawfully issued to a person other than the possessor
            (including a deceased individual) for the purpose of
            complying with section 274A(b)[.],
              (5) in reckless disregard of the fact that the
            information is false or does not relate to the
            applicant, to prepare, to file, or to assist another in
            preparing or filing, documents which are falsely made
            for the purpose of satisfying a requirement of this
            Act,
              (6) to present before boarding a common carrier for
            the purpose of coming to the United States a document
            which relates to the alien's eligibility to enter the
            United States and to fail to present such document to
            an immigration officer upon arrival at a United States
            port of entry, or
              (7) to prepare or assist in the preparation and
            submission of immigration forms, petitions, and
            applications if the person or entity is not authorized
            to represent aliens, or to prepare or assist in the
            preparation and submission of such forms, petitions,
            and applications pursuant to regulations promulgated by
            the Attorney General.
    For purposes of this section, the term ``falsely made''
    includes, with respect to a document or application, the
    preparation or provision of the document or application with
    knowledge or in reckless disregard of the fact that such
    document contains a false, fictitious, or fraudulent statement
    or material representation, or has no basis in law or fact, or
    otherwise fails to state a material fact pertaining to the
    document or application. The Attorney General may, in the
    discretion of the Attorney General, waive the penalties of this
    section with respect to an alien who knowingly violates
    paragraph (6) if the alien is granted asylum under section 208
    or withholding of deportation under section 243(h).
              * * * * * * *
      (d) Enforcement.--
              (1)  * * *
              * * * * * * *
              (3) Cease and desist order with civil money
            penalty.--With respect to a violation of subsection
            (a), the order under this subsection shall require the
            person or entity to cease and desist from such
            violations and to pay a civil penalty in an amount of--
                      (A) not less than $250 and not more than
                    $2,000 for [each document used, accepted, or
                    created and each instance of use, acceptance,
                    or creation] each instance of a violation under
                    subsection (a), or
                      (B) in the case of a person or entity
                    previously subject to an order under this
                    paragraph, not less than $2,000 and not more
                    than $5,000 for [each document used, accepted,
                    or created and each instance of use,
                    acceptance, or creation] each instance of a
                    violation under subsection (a).
            In applying this subsection in the case of a person or
            entity composed of distinct, physically separate
            subdivisions each of which provides separately for the
            hiring, recruiting, or referring for employment,
            without reference to the practices of, and not under
            the control of or common control with, another
            subdivision, each such subdivision shall be considered
            a separate person or entity.
              * * * * * * *
      (e) Criminal Penalties for Failure To Disclose Role as
    Document Preparer.--
              (1) If a person is required by law or regulation to
            disclose the fact that the person, on behalf of another
            person and for a fee or other remuneration, has
            prepared or assisted in preparing an application for
            asylum pursuant to section 208, or the regulations
            promulgated thereunder, and the person knowingly and
            willfully fails to disclose, conceals, or covers up
            such fact, and the application was falsely made, the
            person shall--
                      (A) be imprisoned for not less than 2 nor
                    more than 5 years, fined in accordance with
                    title 18, United States Code, or both, and
                      (B) be prohibited from preparing or assisting
                    in preparing, regardless of whether for a fee
                    or other remuneration, any other such
                    application for a period of at least 5 years
                    and not more than 15 years.
              (2) Whoever, having been convicted of a violation of
            paragraph (1), knowingly and willfully prepares or
            assists in preparing an application for asylum pursuant
            to section 208, or the regulations promulgated
            thereunder, regardless of whether for a fee or other
            remuneration, in violation of paragraph (1)(B) shall be
            imprisoned for not less than 5 years or more than 15
            years, fined in accordance with title 18, United States
            Code, or both, and prohibited from preparing or
            assisting in preparing any other such application.

                     civil penalties for failure to depart

      Sec. 274D. (a) In General.--Any alien subject to a final
    order of removal who--
              (1) willfully fails or refuses to--
                      (A) depart from the United States pursuant to
                    the order,
                      (B) make timely application in good faith for
                    travel or other documents necessary for
                    departure, or
                      (C) present for removal at the time and place
                    required by the Attorney General; or
              (2) conspires to or takes any action designed to
            prevent or hamper the alien's departure pursuant to the
            order,

    shall pay a civil penalty of not more than $500 to the
    Commissioner for each day the alien is in violation of this
    section.
      (b) Construction.--Nothing in this section shall be construed
    to diminish or qualify any penalties to which an alien may be
    subject for activities proscribed by section 243(a) or any
    other section of this Act.

        entry of alien at improper time or place; misrepresentation and
                              concealment of facts

      Sec. 275. (a) Any alien who (1) enters or attempts to enter
    the United States at any time or place other than as designated
    by immigration officers, or (2) eludes examination or
    inspection by immigration officers, or (3) attempts to enter or
    obtains entry to the United States by a willfully false or
    misleading representation or the willful concealment of a
    material fact, shall, for the first commission of any such
    offense, be fined under title 18, United States Code, or
    imprisoned not more than 6 months, or both, and, for a
    subsequent commission of any such offense, be fined under title
    18, United States Code, or imprisoned not more than 2 years, or
    both.
      (b) Any alien who is apprehended while entering (or
    attempting to enter) the United States at a time or place other
    than as designated by immigration officers shall be subject to
    a civil penalty of--
              (1) at least $50 and not more than $250 for each such
            entry (or attempted entry), or
              (2) twice the amount specified in paragraph (1) in
            the case of an alien who has been previously subject to
            a civil penalty under this subsection.
    Civil penalties under this subsection are in addition to, and
    not in lieu of, any criminal or other civil penalties that may
    be imposed.
      [(b)] (c) An individual who knowingly enters into a marriage
    for the purpose of evading any provision of the immigration
    laws shall be imprisoned for not more than 5 years, or fined
    not more than $250,000, or both.
      [(c)] (d) Any individual who knowingly establishes a
    commercial enterprise for the purpose of evading any provision
    of the immigration laws shall be imprisoned for not more than 5
    years, fined in accordance with title 18, United States Code,
    or both.

                      reentry of [deported] removed alien

      Sec. 276. (a) Subject to subsection (b), any alien who--
              (1) has been arrested and [deported or excluded and
            deported] denied admission or removed, and thereafter
              (2) enters, attempts to enter, or is at any time
            found in, the United States, unless (A) prior to his
            reembarkation at a place outside the United States or
            his application for admission from foreign contiguous
            territory, the Attorney General has expressly consented
            to such alien's reapplying for admission; or (B) with
            respect to an alien previously [excluded and deported]
            denied admission and removed, unless such alien shall
            establish that he was not required to obtain such
            advance consent under this or any prior Act,

    shall be fined under title 18, United States Code, or
    imprisoned not more than 2 years, or both.
      (b) Notwithstanding subsection (a), in the case of any alien
    described in such subsection--
              (1) whose [deportation] removal was subsequent to a
            conviction for commission of three or more misdemeanors
            involving drugs, crimes against the person, or both, or
            a felony (other than an aggravated felony), such alien
            shall be fined under title 18, United States Code,
            imprisoned not more than 10 years, or both; [or]
              (2) whose [deportation] removal was subsequent to a
            conviction for commission of an aggravated felony, such
            alien shall be fined under such title, imprisoned not
            more than 20 years, or both[.]; or
              (3) who has been removed from the United States
            pursuant to subsection 235(c) because the alien was
            inadmissible under subsection 212(a)(3)(B) or who has
            been removed from the United States pursuant to the
            provisions of title V, and who thereafter, without the
            permission of the Attorney General, enters the United
            States or attempts to do so shall be fined under title
            18, United States Code, and imprisoned for a period of
            10 years, which sentence shall not run concurrently
            with any other sentence.
    For the purposes of this subsection, the term ``[deportation]
    removal'' includes any agreement in which an alien stipulates
    to [deportation] removal during a criminal trial under either
    Federal or State law.

         aiding or assisting certain aliens to enter the united states

      Sec. 277. Any person who knowingly aids or assists any alien
    [excludable] inadmissible under section 212(a)(2) (insofar as
    an alien [excludable] inadmissible under such section has been
    convicted of an aggravated felony) or 212(a)(3) (other than
    subparagraph (E) thereof) to enter the United States, or who
    connives or conspires with any person or persons to allow,
    procure, or permit any such alien to enter the United States,
    shall be fined under title 18, United States Code, or
    imprisoned not more than 10 years, or both.
              * * * * * * *

                        jurisdiction of district courts

      Sec. 279. [The district courts of the United States shall
    have jurisdiction of all causes, civil and criminal, arising
    under any of the provisions of this title.] The district courts
    of the United States shall have jurisdiction of all causes,
    civil and criminal, brought by the United States that arise
    under the provisions of this title. It shall be the duty of the
    United States attorney of the proper district to prosecute
    every such suit when brought by the United States.
    Notwithstanding any other law, such prosecutions or suits may
    be instituted at any place in the United States at which the
    violation may occur or at which the person charged with a
    violation under section 275 or 276 may be apprehended. No suit
    or proceeding for a violation of any of the provisions of this
    title shall be settled, compromised, or discontinued without
    the consent of the court in which it is pending and any such
    settlement, compromise, or discontinuance shall be entered of
    record with the reasons therefor. Nothing in this section shall
    be construed as providing jurisdiction for suits against the
    United States or its agencies or officers.

                      collection of penalties and expenses

      Sec. 280. (a) Notwithstanding any other provisions of this
    title, the withholding or denial of clearance of or a lien upon
    any vessel or aircraft provided for in section 231, [237, 239,
    243] 234, 243(c)(2), 251, 253, 254, 255, 256, 271, 272, or 273
    of this title shall not be regarded as the sole and exclusive
    means or remedy for the enforcement of payments of any fine,
    penalty or expenses imposed or incurred under such sections,
    but, in the discretion of the Attorney General, the amount
    thereof may be recovered by civil suit, in the name of the
    United States, from any person made liable under any of such
    sections.
      [(b) Notwithstanding section 3302 of title 31, United States
    Code, the increase in penalties collected resulting from the
    amendments made by sections 203(b), 543(a), and 544 of the
    Immigration Act of 1990 shall be credited to the
    appropriation--
              [(1) for the Immigration and Naturalization Service
            for activities that enhance enforcement of provisions
            of this title, including--
                      [(A) the identification, investigation, and
                    apprehension of criminal aliens,
                      [(B) the implementation of the system
                    described in section 242(a)(3)(A), and
                      [(C) for the repair, maintenance, or
                    construction on the United States border, in
                    areas experiencing high levels of apprehensions
                    of illegal aliens, of structures to deter
                    illegal entry into the United States; and
              [(2) for the Executive Office for Immigration Review
            in the Department of Justice for the purpose of
            removing the backlogs in the preparation of transcripts
            of deportation proceedings conducted under section
            242.]
      (b)(1) There is established in the general fund of the
    Treasury a separate account which shall be known as the
    ``Immigration Enforcement Account''. Notwithstanding any other
    section of this title, there shall be deposited as offsetting
    receipts into the Immigration Enforcement Account amounts
    described in paragraph (2) to remain available until expended.
      (2) The amounts described in this paragraph are the
    following:
              (A) The increase in penalties collected resulting
            from the amendments made by sections 203(b) and 543(a)
            of the Immigration Act of 1990.
              (B) Civil penalties collected under sections 240B(d),
            274C, 274D, and 275(b).
      (3)(A) The Secretary of the Treasury shall refund out of the
    Immigration Enforcement Account to any appropriation the amount
    paid out of such appropriation for expenses incurred by the
    Attorney General for activities that enhance enforcement of
    provisions of this title, including--
              (i) the identification, investigation, apprehension,
            detention, and removal of criminal aliens;
              (ii) the maintenance and updating of a system to
            identify and track criminal aliens, deportable aliens,
            inadmissible aliens, and aliens illegally entering the
            United States; and
              (iii) for the repair, maintenance, or construction on
            the United States border, in areas experiencing high
            levels of apprehensions of illegal aliens, of
            structures to deter illegal entry into the United
            States.
      (B) The amounts which are required to be refunded under
    subparagraph (A) shall be refunded at least quarterly on the
    basis of estimates made by the Attorney General of the expenses
    referred to in subparagraph (A). Proper adjustments shall be
    made in the amounts subsequently refunded under subparagraph
    (A) to the extent prior estimates were in excess of, or less
    than, the amount required to be refunded under subparagraph
    (A).

                            Chapter 9--Miscellaneous

              * * * * * * *

       disposition of moneys collected under the provisions of this title

      Sec. 286. (a)  * * *
              * * * * * * *
      (h) Disposition of Receipts.--(1)(A) There is established in
    the general fund of the Treasury a separate account which shall
    be known as the ``Immigration User Fee Account''.
    Notwithstanding any other section of this title, there shall be
    deposited as offsetting receipts into the Immigration User Fee
    Account all fees collected under subsection (d) of this
    section, to remain available until expended. At the end of each
    2-year period, beginning with the creation of this account, the
    Attorney General, following a public rulemaking with
    opportunity for notice and comment, shall submit a report to
    the Congress concerning the status of the account, including
    any balances therein, and recommend any adjustment in the
    prescribed fee that may be required to ensure that the receipts
    collected from the fee charged for the succeeding two years
    equal, as closely as possible, the cost of providing these
    services.
      (B) Notwithstanding any other provisions of law, all civil
    fines or penalties collected pursuant to sections [271] 243(c),
    271, and 273 of this title and all liquidated damages and
    expenses collected pursuant to this Act shall be deposited in
    the Immigration User Fee Account.
      (2)(A) The Secretary of the Treasury shall refund out of the
    Immigration User Fee Account to any appropriation the amount
    paid out of such appropriation for expenses incurred by the
    Attorney General in providing immigration inspection and
    preinspection services for commercial aircraft or vessels and
    in--
              (i) providing overtime immigration inspection
            services for commercial aircraft or vessels;
              (ii) administration of debt recovery, including the
            establishment and operation of a national collections
            office;
              (iii) expansion, operation and maintenance of
            information systems for nonimmigrant control and debt
            collection;
              (iv) detection of fraudulent documents used by
            passengers traveling to the United States, including
            training of, and technical assistance to, commercial
            airline personnel regarding such detection; [and]
              (v) providing detention and [deportation] removal
            services for[: excludable] inadmissible aliens arriving
            on commercial aircraft and vessels[; and] and for any
            alien who is [excludable] inadmissible under section
            212(a) who has attempted illegal entry into the United
            States through avoidance of immigration inspection at
            air or sea ports-of-entry[.]; and
              (vi) providing [exclusion] removal and asylum
            proceedings at air or sea ports-of-entry for[:
            excludable] inadmissible aliens arriving on commercial
            aircraft and vessels including immigration [exclusion]
            removal proceedings resulting from presentation of
            fraudulent documents and failure to present
            documentation[; and] and for any alien who is
            [excludable] inadmissible under section 212(a) who has
            attempted illegal entry into the United States through
            avoidance of immigration inspection at air or sea
            ports-of-entry.
    The Attorney General shall provide for expenditures for
    training and assistance described in clause (iv) in an amount,
    for any fiscal year, not less than 5 percent of the total of
    the expenses incurred that are described in the previous
    sentence.
      (B) The amounts which are required to be refunded under
    subparagraph (A) shall be refunded at least quarterly on the
    basis of estimates made by the Attorney General of the expenses
    referred to in subparagraph (A). Proper adjustments shall be
    made in the amounts subsequently refunded under subparagraph
    (A) to the extent prior estimates were in excess of, or less
    than, the amount required to be refunded under subparagraph
    (A).
              * * * * * * *
      (q) Land Border Inspection Fee Account.--(1) Notwithstanding
    any other provision of law, the Attorney General is authorized
    to establish, by regulation, [a project] projects under which a
    fee may be charged and collected for inspection services
    provided at one or more land border points of entry. [Such
    project] Such projects may include the establishment of
    commuter lanes to be made available to qualified United States
    citizens and aliens, as determined by the Attorney General.
              * * * * * * *
      [(5)(A) The program authorized in this subsection shall
    terminate on September 30, 1993, unless further authorized by
    an Act of Congress.
      [(B) The provisions set forth in this subsection shall take
    effect 30 days after submission of a written plan by the
    Attorney General detailing the proposed implementation of the
    project specified in paragraph (1).
      [(C) If implemented, the Attorney General shall prepare and
    submit on a quarterly basis, until September 30, 1993, a status
    report on the land border inspection project.]
      (r) Breached Bond/Detention Fund.--
              (1)  * * *
              * * * * * * *
              (4) The amount required to be refunded from the Fund
            for fiscal year 1994 and thereafter shall be refunded
            in accordance with estimates made in the budget request
            of the Attorney General for those fiscal years:
            Provided, That any proposed changes in the amounts
            designated in said budget requests shall only be made
            after notification to the Committees on Appropriations
            of the House of Representatives and the Senate in
            accordance with section 606 of Public Law 102-395.
              * * * * * * *
              (6) For fiscal year 1993 only, the Attorney General
            may transfer up to $1,000,000 from the Immigration User
            Fee Account to the Fund for initial expenses necessary
            to enhance collection efforts: Provided, That any such
            transfers shall be refunded from Fund back to the
            Immigration User Fee Account by December 31, 1993.
              * * * * * * *

                  powers of immigration officers and employees

      Sec. 287. (a) Any officer or employee of the Service
    authorized under regulations prescribed by the Attorney General
    shall have power without warrant--
              (1) to interrogate any alien or person believed to be
            an alien as to his right to be or to remain in the
            United States;
              (2) to arrest any alien who in his presence or view
            is entering or attempting to enter the United States in
            violation of any law or regulation made in pursuance of
            law regulating the admission, exclusion, [or expulsion]
            expulsion, or removal of aliens, or to arrest any alien
            in the United States, if he has reason to believe that
            the alien so arrested is in the United States in
            violation of any such law or regulation and is likely
            to escape before a warrant can be obtained for his
            arrest, but the alien arrested shall be taken without
            unnecessary delay for examination before an officer of
            the Service having authority to examine aliens as to
            their right to enter or remain in the United States;
              * * * * * * *
              (4) to make arrests for felonies which have been
            committed and which are cognizable under any law of the
            United States regulating the admission, exclusion, [or
            expulsion] expulsion, or removal of aliens, if he has
            reason to believe that the person so arrested is guilty
            of such felony and if there is likelihood of the person
            escaping before a warrant can be obtained for his
            arrest, but the person arrested shall be taken without
            unnecessary delay before the nearest available officer
            empowered to commit persons charged with offenses
            against the laws of the United States; and
              * * * * * * *
      (c) Any officer or employee of the Service authorized and
    designated under regulations prescribed by the Attorney
    General, whether individually or as one of a class, shall have
    power to conduct a search, without warrant, of the person, and
    of the personal effects in the possession of any person seeking
    admission to the United States, concerning whom such officer or
    employee may have reasonable cause to suspect that grounds
    exist for [exclusion from] denial of admission to the United
    States under this Act which would be disclosed by such search.
              * * * * * * *
      (f)(1) Under regulations of the Attorney General, the
    Commissioner shall provide for the fingerprinting and
    photographing of each alien 14 years of age or older against
    whom a proceeding is commenced under section [242] 240.
      (2) Such fingerprints and photographs shall be made available
    to Federal, State, and local law enforcement agencies, upon
    request.
              * * * * * * *

         central file; information from other departments and agencies

      Sec. 290. (a) There shall be established in the office of the
    Commissioner, for the use of the security and enforcement
    agencies of the Government of the United States, a central
    index, which shall contain the names of all aliens heretofore
    [admitted to the United States, or excluded therefrom] admitted
    or denied admission to the United States, insofar as such
    information is available from the existing records of the
    Service, and the names of all aliens hereafter [admitted to the
    United States, or excluded therefrom] admitted or denied
    admission to the United States, the names of their sponsors of
    record, if any, and such other relevant information as the
    Attorney General shall require as an aid to the proper
    enforcement of this Act.
      (b) Any information in any records kept by any department or
    agency of the Government as to the identity and location of
    aliens in the United States shall be made available to the
    Service upon request made by the Attorney General to the head
    of any such department or agency.
      [(c) The Secretary of Health and Human Services shall notify
    the Attorney General upon request whenever any alien is issued
    a social security account number and social security card. The
    Secretary shall also furnish such available information as may
    be requested by the Attorney General regarding the identity and
    location of aliens in the United States.]
      (c)(1) Not later than 3 months after the end of each fiscal
    year (beginning with fiscal year 1995), the Commissioner of
    Social Security shall report to the Committees on the Judiciary
    of the House of Representatives and the Senate on the aggregate
    number of social security account numbers issued to aliens not
    authorized to be employed to which earnings were reported to
    the Social Security Administration in such fiscal year.
      (2) If earnings are reported on or after January 1, 1996, to
    the Social Security Administration on a social security account
    number issued to an alien not authorized to work in the United
    States, the Commissioner of Social Security shall provide the
    Attorney General with information regarding the name and
    address of the alien, the name and address of the person
    reporting the earnings, and the amount of the earnings. The
    information shall be provided in an electronic form agreed upon
    by the Commissioner and the Attorney General.
              * * * * * * *

                                burden of proof

      Sec. 291. Whenever any person makes application for a visa or
    any other document required for entry, or makes application for
    admission, or otherwise attempts to enter the United States,
    the burden of proof shall be upon such person to establish that
    he is eligible to receive such visa or such document, or is not
    [subject to exclusion] inadmissible under any provision of this
    Act, and, if an alien, that he is entitled to the nonimmigrant;
    [immigrant, special immigrant, immediate relative] immigrant
    status, special immigrant status, status as a spouse or child
    of a citizen of the United States, or refugee status claimed,
    as the case may be. If such person fails to establish to the
    satisfaction of the consular officer that he is eligible to
    receive a visa or other document required for entry, no visa or
    other document required for entry shall be issued to such
    person, nor shall such person be admitted to the United States
    unless he establishes to the satisfaction of the Attorney
    General that he is not [subject to exclusion] inadmissible
    under any provision of this Act. In any [deportation] removal
    proceeding under chapter [5] 4 against any person, the burden
    of proof shall be upon such person to show the time, place, and
    manner of his entry into the United States, but in presenting
    such proof he shall be entitled to the production of his visa
    or other entry document, if any, and of any other documents and
    records, not considered by the Attorney General to be
    confidential, pertaining to such entry in the custody of the
    Service. If such burden of proof is not sustained, such person
    shall be presumed to be in the United States in violation of
    law.

                                right to counsel

      Sec. 292. In any [exclusion or deportation] removal
    proceedings before [a special inquiry officer] an immigration
    judge and in any appeal proceedings before the Attorney General
    from any such [exclusion or deportation] removal proceedings,
    the person concerned shall have the privilege of being
    represented (at no expense to the Government) by such counsel,
    authorized to practice in such proceedings, as he shall choose.
              * * * * * * *

                       undercover investigation authority

      Sec. 294. (a) In General.--With respect to any undercover
    investigative operation of the Service which is necessary for
    the detection and prosecution of crimes against the United
    States--
              (1) sums appropriated for the Service may be used for
            leasing space within the United States and the
            territories and possessions of the United States
            without regard to the following provisions of law:
                      (A) section 3679(a) of the Revised Statutes
                    (31 U.S.C. 1341),
                      (B) section 3732(a) of the Revised Statutes
                    (41 U.S.C. 11(a)),
                      (C) section 305 of the Act of June 30, 1949
                    (63 Stat. 396; 41 U.S.C. 255),
                      (D) the third undesignated paragraph under
                    the heading ``Miscellaneous'' of the Act of
                    March 3, 1877 (19 Stat. 370; 40 U.S.C. 34),
                      (E) section 3648 of the Revised Statutes (31
                    U.S.C. 3324),
                      (F) section 3741 of the Revised Statutes (41
                    U.S.C. 22), and
                      (G) subsections (a) and (c) of section 304 of
                    the Federal Property and Administrative
                    Services Act of 1949 (63 Stat. 395; 41 U.S.C.
                    254 (a) and (c));
              (2) sums appropriated for the Service may be used to
            establish or to acquire proprietary corporations or
            business entities as part of an undercover operation,
            and to operate such corporations or business entities
            on a commercial basis, without regard to the provisions
            of section 304 of the Government Corporation Control
            Act (31 U.S.C. 9102);
              (3) sums appropriated for the Service, and the
            proceeds from the undercover operation, may be
            deposited in banks or other financial institutions
            without regard to the provisions of section 648 of
            title 18, United States Code, and of section 3639 of
            the Revised Statutes (31 U.S.C. 3302); and
              (4) the proceeds from the undercover operation may be
            used to offset necessary and reasonable expenses
            incurred in such operation without regard to the
            provisions of section 3617 of the Revised Statutes (31
            U.S.C. 3302).
    The authority set forth in this subsection may be exercised
    only upon written certification of the Commissioner, in
    consultation with the Deputy Attorney General, that any action
    authorized by paragraph (1), (2), (3), or (4) is necessary for
    the conduct of the undercover operation.
      (b) Disposition of Proceeds No Longer Required.--As soon as
    practicable after the proceeds from an undercover investigative
    operation, carried out under paragraphs (3) and (4) of
    subsection (a), are no longer necessary for the conduct of the
    operation, the proceeds or the balance of the proceeds
    remaining at the time shall be deposited into the Treasury of
    the United States as miscellaneous receipts.
      (c) Disposition of Certain Corporations and Business
    Entities.--If a corporation or business entity established or
    acquired as part of an undercover operation under paragraph (2)
    of subsection (a) with a net value of over $50,000 is to be
    liquidated, sold, or otherwise disposed of, the Service, as
    much in advance as the Commissioner or Commissioner's designee
    determines practicable, shall report the circumstances to the
    Attorney General, the Director of the Office of Management and
    Budget, and the Comptroller General. The proceeds of the
    liquidation, sale, or other disposition, after obligations are
    met, shall be deposited in the Treasury of the United States as
    miscellaneous receipts.
      (d) Financial Audits.--The Service shall conduct detailed
    financial audits of closed undercover operations on a quarterly
    basis and shall report the results of the audits in writing to
    the Deputy Attorney General.

                   TITLE III--NATIONALITY AND NATURALIZATION

              * * * * * * *

                 Chapter 2--Nationality Through Naturalization

              * * * * * * *

     requirements as to residence, good moral character, attachment to the
    principles of the constitution, and favorable disposition to the united
                                     states

      Sec. 316. (a) No person, except as otherwise provided in this
    title, shall be naturalized, unless such applicant, (1)
    immediately preceding the date of filing his application for
    naturalization has resided continuously, after being lawfully
    admitted for permanent residence, within the United States for
    at least five years and during the five years immediately
    preceding the date of filing his application has been
    physically present therein for periods totaling at least half
    of that time, and who has resided within the State or within
    the district of the Service in the United States in which the
    applicant filed the application for at least three months, (2)
    has resided continuously within the United States from the date
    of the application up to the time of admission to citizenship,
    [and] (3) during all the periods referred to in this subsection
    has been and still is a person of good moral character,
    attached to the principles of the Constitution of the United
    States, and well disposed to the good order and happiness of
    the United States, and (4) in the case of an applicant that has
    received assistance under a means-tested public benefits
    program (as defined in subsection (f)(3) of section 213A)
    administered by a Federal, State, or local agency and with
    respect to which amounts may be owing under an affidavit of
    support executed under such section, provides satisfactory
    evidence that there are no outstanding amounts that may be owed
    to any such Federal, State, or local agency pursuant to such
    affidavit by the sponsor who executed such affidavit, except as
    provided in subsection (g).
              * * * * * * *
      (f)(1) Whenever the Director of Central Intelligence, the
    Attorney General and the Commissioner of Immigration determine
    that an applicant otherwise eligible for naturalization has
    made an extraordinary contribution to the national security of
    the United States or to the conduct of United States
    intelligence activities, the applicant may be naturalized
    without regard to the residence and physical presence
    requirements of this section, or to the prohibitions of section
    313 of this Act, and no residence within a particular State or
    district of the Service in the United States shall be required:
    Provided, That the applicant has continuously resided in the
    United States for at least one year prior to naturalization:
    Provided further, That the provisions of this subsection shall
    not apply to any alien described in [subparagraphs (A) through
    (D) of paragraph 243(h)(2)] clauses (i) through (v) of section
    208(b)(2)(A) of this Act.
              * * * * * * *
      (g) Clause (4) of subsection (a) shall not apply to an
    applicant where the applicant can demonstrate that--
              (A) either--
                      (i) the applicant has been battered or
                    subject to extreme cruelty in the United States
                    by a spouse or parent or by a member of the
                    spouse or parent's family residing in the same
                    household as the applicant and the spouse or
                    parent consented or acquiesced to such battery
                    or cruelty, or
                      (ii) the applicant's child has been battered
                    or subject to extreme cruelty in the United
                    States by the applicant's spouse or parent
                    (without the active participation of the
                    applicant in the battery or extreme cruelty),
                    or by a member of the spouse or parent's family
                    residing in the same household as the applicant
                    when the spouse or parent consented or
                    acquiesced to and the applicant did not
                    actively participate in such battery or
                    cruelty;
              (B) such battery or cruelty has led to the issuance
            of an order of a judge or an administrative law judge
            or a prior determination of the Service; and
              (C) the need for the public benefits received as to
            which amounts are owing had a substantial connection to
            the battery or cruelty described in subparagraph (A).

                prerequisite to naturalization; burden of proof

      Sec. 318. Except as otherwise provided in this title, no
    person shall be naturalized unless he has been lawfully
    admitted to the United States for permanent residence in
    accordance with all applicable provisions of this Act. The
    burden of proof shall be upon such person to show that he
    entered the United States lawfully, and the time, place, and
    manner of such entry into the United States, but in presenting
    such proof he shall be entitled to the production of his
    immigrant visa, if any, or of other entry document, if any, and
    of any other documents and records, not considered by the
    Attorney General to be confidential, pertaining to such entry,
    in the custody of the Service. Notwithstanding the provisions
    of section 405(b), and except as provided in sections 328 and
    329 no person shall be naturalized against whom there is
    outstanding a final finding of deportability pursuant to a
    warrant of arrest issued under the provisions of this or any
    other Act; and no application for naturalization shall be
    considered by the Attorney General if there is pending against
    the applicant a [deportation] removal proceeding pursuant to a
    warrant of arrest issued under the provisions of this or any
    other Act: Provided, That the findings of the Attorney General
    in terminating [deportation] removal proceedings or in
    [suspending] canceling the [deportation] removal of an alien
    pursuant to the provisions of this Act, shall not be deemed
    binding in any way upon the Attorney General with respect to
    the question of whether such person has established his
    eligibility for naturalization as required by this title.
              * * * * * * *

                         Chapter 3--Loss of Nationality

              * * * * * * *

                      restrictions on loss of nationality

      Sec. 351. (a) Except as provided in paragraphs (6) and (7) of
    section 349(a) of this title, no national of the United States
    can lose United States nationality[,] under this Act while
    within the United States or any of its outlying possessions,
    but loss of nationality shall result from the performance
    within the United States or any of its outlying possessions of
    any of the acts or the fulfillment of any of the conditions
    specified in this chapter if and when the national thereafter
    takes up a residence outside the United States and its outlying
    possessions.
              * * * * * * *

                            Chapter 4--Miscellaneous

              * * * * * * *

     proceedings for declaration of united states nationality in the event
                 of denial of rights and privileges as national

      Sec. 360. (a) If any person who is within the United States
    claims a right or privilege as a national of the United States
    and is denied such right or privilege by any department or
    independent agency, or official thereof, upon the ground that
    he is not a national of the United States, such person may
    institute an action under the provisions of section 2201 of
    title 28, United States Code, against the head of such
    department or independent agency for a judgment declaring him
    to be a national of the United States, except that no such
    action may be instituted in any case if the issue of such
    person's status as a national of the United States (1) arose by
    reason of or in connection with any [exclusion] removal
    proceeding under the provisions of this or any other act, or
    (2) is in issue in any such [exclusion] removal proceeding. An
    action under this subsection may be instituted only within five
    years after the final administrative denial of such right or
    privilege and shall be filed in the district court of the
    United States for the district in which such person resides or
    claims a residence, and jurisdiction over such officials in
    such cases is hereby conferred upon those courts.
              * * * * * * *
      (c) A person who has been issued a certificate of identity
    under the provisions of subsection (b), and while in possession
    thereof, may apply for admission to the United States at any
    port of entry, and shall be subject to all the provisions of
    this Act relating to the conduct of proceedings involving
    aliens seeking admission to the United States. A final
    determination by the Attorney General that any such person is
    not entitled to admission to the United States shall be subject
    to review by any court of competent jurisdiction in habeas
    corpus proceedings and not otherwise. Any person described in
    this section who is finally [excluded from] denied admission to
    the United States shall be subject to all the provisions of
    this Act relating to aliens seeking admission to the United
    States.
              * * * * * * *

                 TITLE IV--MISCELLANEOUS AND REFUGEE ASSISTANCE

              * * * * * * *

                         Chapter 2--Refugee Assistance

              * * * * * * *

    authorization for programs for domestic resettlement of and assistance
                                  to refugees

      Sec. 412. (a)  * * *
      (b) Program of Initial Resettlement. --(1)  * * *
              * * * * * * *
      (3) The Secretary is authorized[,] to make arrangements
    (including cooperative arrangements with other Federal
    agencies) for the temporary care of refugees in the United
    States in emergency circumstances, including the establishment
    of processing centers, if necessary, without regard to such
    provisions of law (other than the Renegotiation Act of 1951 and
    section 414(b) of this chapter) regulating the making,
    performance, amendment, or modification of contracts and the
    expenditure of funds of the United States Government as the
    Secretary may specify.
      (4) The Secretary[,] shall--
              (A) assure that an adequate number of trained staff
            are available at the location at which the refugees
            enter the United States to assure that all necessary
            medical records are available and in proper order;
              * * * * * * *

            TITLE V--SPECIAL REMOVAL PROCEDURES FOR ALIEN TERRORISTS

                                  definitions

      Sec. 501. In this title:
              (1) The term ``alien terrorist'' means an alien
            described in section 241(a)(4)(B).
              (2) The term ``classified information'' has the
            meaning given such term in section 1(a) of the
            Classified Information Procedures Act (18 U.S.C. App.).
              (3) The term ``national security'' has the meaning
            given such term in section 1(b) of the Classified
            Information Procedures Act (18 U.S.C. App.).
              (4) The term ``special attorney'' means an attorney
            who is on the panel established under section 502(e).
              (5) The term ``special removal court'' means the
            court established under section 502(a).
              (6) The term ``special removal hearing'' means a
            hearing under section 505.
              (7) The term ``special removal proceeding'' means a
            proceeding under this title.

     establishment of special removal court; panel of attorneys to assist
                          with classified information

      Sec. 502. (a) In General.--The Chief Justice of the United
    States shall publicly designate 5 district court judges from 5
    of the United States judicial circuits who shall constitute a
    court which shall have jurisdiction to conduct all special
    removal proceedings.
      (b) Terms.--Each judge designated under subsection (a) shall
    serve for a term of 5 years and shall be eligible for
    redesignation, except that the four associate judges first so
    designated shall be designated for terms of one, two, three,
    and four years so that the term of one judge shall expire each
    year.
      (c) Chief Judge.--The Chief Justice shall publicly designate
    one of the judges of the special removal court to be the chief
    judge of the court. The chief judge shall promulgate rules to
    facilitate the functioning of the court and shall be
    responsible for assigning the consideration of cases to the
    various judges.
      (d) Expeditious and Confidential Nature of Proceedings.--The
    provisions of section 103(c) of the Foreign Intelligence
    Surveillance Act of 1978 (50 U.S.C. 1803(c)) shall apply to
    proceedings under this title in the same manner as they apply
    to proceedings under such Act.
      (e) Establishment of Panel of Special Attorneys.--The special
    removal court shall provide for the designation of a panel of
    attorneys each of whom--
              (1) has a security clearance which affords the
            attorney access to classified information, and
              (2) has agreed to represent permanent resident aliens
            with respect to classified information under section
            506 in accordance with (and subject to the penalties
            under) this title.

            application for initiation of special removal proceeding

      Sec. 503. (a) In General.--Whenever the Attorney General has
    classified information that an alien is an alien terrorist, the
    Attorney General, in the Attorney General's discretion, may
    seek removal of the alien under this title through the filing
    of a written application described in subsection (b) with the
    special removal court seeking an order authorizing a special
    removal proceeding under this title. The application shall be
    submitted in camera and ex parte and shall be filed under seal
    with the court.
      (b) Contents of Application.--Each application for a special
    removal proceeding shall include all of the following:
              (1) The identity of the Department of Justice
            attorney making the application.
              (2) The approval of the Attorney General or the
            Deputy Attorney General for the filing of the
            application based upon a finding by that individual
            that the application satisfies the criteria and
            requirements of this title.
              (3) The identity of the alien for whom authorization
            for the special removal proceedings is sought.
              (4) A statement of the facts and circumstances relied
            on by the Department of Justice to establish that--
                      (A) the alien is an alien terrorist and is
                    physically present in the United States, and
                      (B) with respect to such alien, adherence to
                    the provisions of title II regarding the
                    removal of aliens would pose a risk to the
                    national security of the United States.
              (5) An oath or affirmation respecting each of the
            facts and statements described in the previous
            paragraphs.
      (c) Right to Dismiss.--The Department of Justice retains the
    right to dismiss a removal action under this title at any stage
    of the proceeding.

                          consideration of application

      Sec. 504. (a) In General.--In the case of an application
    under section 503 to the special removal court, a single judge
    of the court shall be assigned to consider the application. The
    judge, in accordance with the rules of the court, shall
    consider the application and may consider other information,
    including classified information, presented under oath or
    affirmation. The judge shall consider the application (and any
    hearing thereof) in camera and ex parte. A verbatim record
    shall be maintained of any such hearing.
      (b) Approval of Order.--The judge shall enter ex parte the
    order requested in the application if the judge finds, on the
    basis of such application and such other information (if any),
    that there is probable cause to believe that--
              (1) the alien who is the subject of the application
            has been correctly identified and is an alien
            terrorist, and
              (2) adherence to the provisions of title II regarding
            the removal of the identified alien would pose a risk
            to the national security of the United States.
      (c) Denial of Order.--If the judge denies the order requested
    in the application, the judge shall prepare a written statement
    of the judge's reasons for the denial.
      (d) Exclusive Provisions.--Whenever an order is issued under
    this section with respect to an alien--
              (1) the alien's rights regarding removal and
            expulsion shall be governed solely by the provisions of
            this title, and
              (2) except as they are specifically referenced, no
            other provisions of this Act shall be applicable.

                            special removal hearings

      Sec. 505. (a) In General.--In any case in which the
    application for the order is approved under section 504, a
    special removal hearing shall be conducted under this section
    for the purpose of determining whether the alien to whom the
    order pertains should be removed from the United States on the
    grounds that the alien is an alien terrorist. Consistent with
    section 506, the alien shall be given reasonable notice of the
    nature of the charges against the alien and a general account
    of the basis for the charges. The alien shall be given notice,
    reasonable under all the circumstances, of the time and place
    at which the hearing will be held. The hearing shall be held as
    expeditiously as possible.
      (b) Use of Same Judge.--The special removal hearing shall be
    held before the same judge who granted the order pursuant to
    section 504 unless that judge is deemed unavailable due to
    illness or disability by the chief judge of the special removal
    court, or has died, in which case the chief judge shall assign
    another judge to conduct the special removal hearing. A
    decision by the chief judge pursuant to the preceding sentence
    shall not be subject to review by either the alien or the
    Department of Justice.
      (c) Rights in Hearing.--
              (1) Public hearing.--The special removal hearing
            shall be open to the public.
              (2) Right of counsel.--The alien shall have a right
            to be present at such hearing and to be represented by
            counsel. Any alien financially unable to obtain counsel
            shall be entitled to have counsel assigned to represent
            the alien. Such counsel shall be appointed by the judge
            pursuant to the plan for furnishing representation for
            any person financially unable to obtain adequate
            representation for the district in which the hearing is
            conducted, as provided for in section 3006A of title
            18, United States Code. All provisions of that section
            shall apply and, for purposes of determining the
            maximum amount of compensation, the matter shall be
            treated as if a felony was charged.
              (3) Introduction of evidence.--The alien shall have a
            right to introduce evidence on the alien's own behalf.
              (4) Examination of witnesses.--Except as provided in
            section 506, the alien shall have a reasonable
            opportunity to examine the evidence against the alien
            and to cross-examine any witness.
              (5) Record.--A verbatim record of the proceedings and
            of all testimony and evidence offered or produced at
            such a hearing shall be kept.
              (6) Decision based on evidence at hearing.--The
            decision of the judge in the hearing shall be based
            only on the evidence introduced at the hearing,
            including evidence introduced under subsection (e).
              (7) No right to ancillary relief.--In the hearing,
            the judge is not authorized to consider or provide for
            relief from removal based on any of the following:
                      (A) Asylum under section 208.
                      (B) Withholding of removal under section
                    241(b)(3).
                      (C) Cancellation of removal under section
                    240A.
                      (D) Voluntary departure under section 240B.
                      (E) Adjustment of status under section 245.
                      (F) Registry under section 249.
      (d) Subpoenas.--
              (1) Request.--At any time prior to the conclusion of
            the special removal hearing, either the alien or the
            Department of Justice may request the judge to issue a
            subpoena for the presence of a named witness (which
            subpoena may also command the person to whom it is
            directed to produce books, papers, documents, or other
            objects designated therein) upon a satisfactory showing
            that the presence of the witness is necessary for the
            determination of any material matter. Such a request
            may be made ex parte except that the judge shall inform
            the Department of Justice of any request for a subpoena
            by the alien for a witness or material if compliance
            with such a subpoena would reveal evidence or the
            source of evidence which has been introduced, or which
            the Department of Justice has received permission to
            introduce, in camera and ex parte pursuant to
            subsection (e) and section 506, and the Department of
            Justice shall be given a reasonable opportunity to
            oppose the issuance of such a subpoena.
              (2) Payment for attendance.--If an application for a
            subpoena by the alien also makes a showing that the
            alien is financially unable to pay for the attendance
            of a witness so requested, the court may order the
            costs incurred by the process and the fees of the
            witness so subpoenaed to be paid from funds
            appropriated for the enforcement of title II.
              (3) Nationwide service.--A subpoena under this
            subsection may be served anywhere in the United States.
              (4) Witness fees.--A witness subpoenaed under this
            subsection shall receive the same fees and expenses as
            a witness subpoenaed in connection with a civil
            proceeding in a court of the United States.
              (5) No access to classified information.--Nothing in
            this subsection is intended to allow an alien to have
            access to classified information.
      (e) Introduction of Classified Information.--
              (1) In general.--When classified information has been
            summarized pursuant to section 506(b) or where a
            finding has been made under section 506(b)(5) that no
            summary is possible, classified information shall be
            introduced (either in writing or through testimony) in
            camera and ex parte and neither the alien nor the
            public shall be informed of such evidence or its
            sources other than through reference to the summary
            provided pursuant to such section. Notwithstanding the
            previous sentence, the Department of Justice may, in
            its discretion and, in the case of classified
            information, after coordination with the originating
            agency, elect to introduce such evidence in open
            session.
              (2) Treatment of electronic surveillance
            information.--
                      (A) Use of electronic surveillance.--The
                    Government is authorized to use in a special
                    removal proceedings the fruits of electronic
                    surveillance and unconsented physical searches
                    authorized under the Foreign Intelligence
                    Surveillance Act of 1978 (50 U.S.C. 1801 et
                    seq.) without regard to subsections (c), (e),
                    (f), (g), and (h) of section 106 of that Act.
                      (B) No discovery of electronic surveillance
                    information.--An alien subject to removal under
                    this title shall have no right of discovery of
                    information derived from electronic
                    surveillance authorized under the Foreign
                    Intelligence Surveillance Act of 1978 or
                    otherwise for national security purposes. Nor
                    shall such alien have the right to seek
                    suppression of evidence.
                      (C) Certain procedures not applicable.--The
                    provisions and requirements of section 3504 of
                    title 18, United States Code, shall not apply
                    to procedures under this title.
              (3) Rights of united states.--Nothing in this section
            shall prevent the United States from seeking protective
            orders and from asserting privileges ordinarily
            available to the United States to protect against the
            disclosure of classified information, including the
            invocation of the military and state secrets
            privileges.
      (f) Inclusion of Certain Evidence.--The Federal Rules of
    Evidence shall not apply to hearings under this section.
    Evidence introduced at the special removal hearing, either in
    open session or in camera and ex parte, may, in the discretion
    of the Department of Justice, include all or part of the
    information presented under section 504 used to obtain the
    order for the hearing under this section.
      (g) Arguments.--Following the receipt of evidence, the
    attorneys for the Department of Justice and for the alien shall
    be given fair opportunity to present argument as to whether the
    evidence is sufficient to justify the removal of the alien. The
    attorney for the Department of Justice shall open the argument.
    The attorney for the alien shall be permitted to reply. The
    attorney for the Department of Justice shall then be permitted
    to reply in rebuttal. The judge may allow any part of the
    argument that refers to evidence received in camera and ex
    parte to be heard in camera and ex parte.
      (h) Burden of Proof.--In the hearing the Department of
    Justice has the burden of showing by clear and convincing
    evidence that the alien is subject to removal because the alien
    is an alien terrorist. If the judge finds that the Department
    of Justice has met this burden, the judge shall order the alien
    removed and detained pending removal from the United States. If
    the alien was released pending the special removal hearing, the
    judge shall order the Attorney General to take the alien into
    custody.
      (i) Written Order.--At the time of rendering a decision as to
    whether the alien shall be removed, the judge shall prepare a
    written order containing a statement of facts found and
    conclusions of law. Any portion of the order that would reveal
    the substance or source of information received in camera and
    ex parte pursuant to subsection (e) shall not be made available
    to the alien or the public.

                    consideration of classified information

      Sec. 506. (a) Consideration In Camera and Ex Parte.--In any
    case in which the application for the order authorizing the
    special procedures of this title is approved, the judge who
    granted the order shall consider each item of classified
    information the Department of Justice proposes to introduce in
    camera and ex parte at the special removal hearing and shall
    order the introduction of such information pursuant to section
    505(e) if the judge determines the information to be relevant.
      (b) Preparation and Provision of Written Summary.--
              (1) Preparation.--The Department of Justice shall
            prepare a written summary of such classified
            information which does not pose a risk to national
            security.
              (2) Conditions for approval by judge and provision to
            alien.--The judge shall approve the summary so long as
            the judge finds that the summary is sufficient--
                      (A) to inform the alien of the general nature
                    of the evidence that the alien is an alien
                    terrorist, and
                      (B) to permit the alien to prepare a defense
                    against removal.
            The Department of Justice shall cause to be delivered
            to the alien a copy of the summary.
              (3) Opportunity for correction and resubmittal.--If
            the judge does not approve the summary, the judge shall
            provide the Department a reasonable opportunity to
            correct the deficiencies identified by the court and to
            submit a revised summary.
              (4) Conditions for termination of proceedings if
            summary not approved.--
                      (A) In general.--If, subsequent to the
                    opportunity described in paragraph (3), the
                    judge does not approve the summary, the judge
                    shall terminate the special removal hearing
                    unless the judge makes the findings described
                    in subparagraph (B).
                      (B) Findings.--The findings described in this
                    subparagraph are, with respect to an alien,
                    that--
                              (i) the continued presence of the
                            alien in the United States would likely
                            cause serious and irreparable harm to
                            the national security or death or
                            serious bodily injury to any person,
                            and
                              (ii) the provision of the required
                            summary would likely cause serious and
                            irreparable harm to the national
                            security or death or serious bodily
                            injury to any person.
              (5) Continuation of hearing without summary.--If a
            judge makes the findings described in paragraph
            (4)(B)--
                      (A) if the alien involved is an alien
                    lawfully admitted for permanent residence, the
                    procedures described in subsection (c) shall
                    apply; and
                      (B) in all cases the special removal hearing
                    shall continue, the Department of Justice shall
                    cause to be delivered to the alien a statement
                    that no summary is possible, and the classified
                    information submitted in camera and ex parte
                    may be used pursuant to section 505(e).
      (c) Special Procedures for Access and Challenges to
    Classified Information by Special Attorneys in Case of Lawful
    Permanent Aliens.--
              (1) In general.--The procedures described in this
            subsection are that the judge (under rules of the
            special removal court) shall designate a special
            attorney to assist the alien--
                      (A) by reviewing in camera the classified
                    information on behalf of the alien, and
                      (B) by challenging through an in camera
                    proceeding the veracity of the evidence
                    contained in the classified information.
              (2) Restrictions on disclosure.--A special attorney
            receiving classified information under paragraph (1)--
                      (A) shall not disclose the information to the
                    alien or to any other attorney representing the
                    alien, and
                      (B) who discloses such information in
                    violation of subparagraph (A) shall be subject
                    to a fine under title 18, United States Code,
                    imprisoned for not less than 10 years nor more
                    than 25 years, or both.

                                    appeals

      Sec. 507. (a) Appeals of Denials of Applications for
    Orders.--The Department of Justice may seek a review of the
    denial of an order sought in an application by the United
    States Court of Appeals for the District of Columbia Circuit by
    notice of appeal which must be filed within 20 days after the
    date of such denial. In such a case the entire record of the
    proceeding shall be transmitted to the Court of Appeals under
    seal and the Court of Appeals shall hear the matter ex parte.
    In such a case the Court of Appeals shall review questions of
    law de novo, but a prior finding on any question of fact shall
    not be set aside
            unless such finding was clearly erroneous.
      (b) Appeals of Determinations About Summaries of Classified
    Information.--Either party may take an interlocutory appeal to
    the United States Court of Appeals for the District of Columbia
    Circuit of--
              (1) any determination by the judge pursuant to
            section 506(a)--
                      (A) concerning whether an item of evidence
                    may be introduced in camera and ex parte, or
                      (B) concerning the contents of any summary of
                    evidence to be introduced in camera and ex
                    parte prepared pursuant to section 506(b); or
              (2) the refusal of the court to make the findings
            permitted by section 506(b)(4)(B).
    In any interlocutory appeal taken pursuant to this subsection,
    the entire record, including any proposed order of the judge or
    summary of evidence, shall be transmitted to the Court of
    Appeals under seal and the matter shall be heard ex parte.
      (c) Appeals of Decision in Hearing.--
              (1) In general.--Subject to paragraph (2), the
            decision of the judge after a special removal hearing
            may be appealed by either the alien or the Department
            of Justice to the United States Court of Appeals for
            the District of Columbia Circuit by notice of appeal.
              (2) Automatic appeals in cases of permanent resident
            aliens in which no summary provided.--
                      (A) In general.--Unless the alien waives the
                    right to a review under this paragraph, in any
                    case involving an alien lawfully admitted for
                    permanent residence who is denied a written
                    summary of classified information under section
                    506(b)(4) and with respect to which the
                    procedures described in section 506(c) apply,
                    any order issued by the judge shall be reviewed
                    by the Court of Appeals for the District of
                    Columbia Circuit.
                      (B) Use of special attorney.--With respect to
                    any issue relating to classified information
                    that arises in such review, the alien shall be
                    represented only by the special attorney
                    designated under section 506(c)(1) on behalf of
                    the alien.
      (d) General Provisions Relating to Appeals.--
              (1) Notice.--A notice of appeal pursuant to
            subsection (b) or (c) (other than under subsection
            (c)(2)) must be filed within 20 days after the date of
            the order with respect to which the appeal is sought,
            during which time the order shall not be executed.
              (2) Transmittal of record.--In an appeal or review to
            the Court of Appeals pursuant to subsection (b) or
            (c)--
                      (A) the entire record shall be transmitted to
                    the Court of Appeals, and
                      (B) information received pursuant to section
                    505(e), and any portion of the judge's order
                    that would reveal the substance or source of
                    such information, shall be transmitted under
                    seal.
              (3) Expedited appellate proceeding.--In an appeal or
            review to the Court of Appeals pursuant to subsection
            (b) or (c):
                      (A) Review.--The appeal or review shall be
                    heard as expeditiously as practicable and the
                    Court may dispense with full briefing and hear
                    the matter solely on the record of the judge of
                    the special removal court and on such briefs or
                    motions as the Court may require to be filed by
                    the parties.
                      (B) Disposition.--The Court shall uphold or
                    reverse the judge's order within 60 days after
                    the date of the issuance of the judge's final
                    order.
              (4) Standard for review.--In an appeal or review to
            the Court of Appeals pursuant to subsection (b) or (c):
                      (A) Questions of law.--The Court of Appeals
                    shall review all questions of law de novo.
                      (B) Questions of fact.--(i) Subject to clause
                    (ii), a prior finding on any question of fact
                    shall not be set aside unless such finding was
                    clearly erroneous.
                      (ii) In the case of a review under subsection
                    (c)(2) in which an alien lawfully admitted for
                    permanent residence was denied a written
                    summary of classified information under section
                    506(b)(4), the Court of Appeals shall review
                    questions of fact de novo.
      (e) Certiorari.--Following a decision by the Court of Appeals
    pursuant to subsection (b) or (c), either the alien or the
    Department of Justice may petition the Supreme Court for a writ
    of certiorari. In any such case, any information transmitted to
    the Court of Appeals under seal shall, if such information is
    also submitted to the Supreme Court, be transmitted under seal.
    Any order of removal shall not be stayed pending disposition of
    a writ of certiorari except as provided by the Court of Appeals
    or a Justice of the Supreme Court.
      (f) Appeals of Detention Orders.--
              (1) In general.-- The provisions of sections 3145
            through 3148 of title 18, United States Code,
            pertaining to review and appeal of a release or
            detention order, penalties for failure to appear,
            penalties for an offense committed while on release,
            and sanctions for violation of a release condition
            shall apply to an alien to whom section 508(b)(1)
            applies. In applying the previous sentence--
                      (A) for purposes of section 3145 of such
                    title an appeal shall be taken to the United
                    States Court of Appeals for the District of
                    Columbia Circuit, and
                      (B) for purposes of section 3146 of such
                    title the alien shall be considered released in
                    connection with a charge of an offense
                    punishable by life imprisonment.
              (2) No review of continued detention.--The
            determinations and actions of the Attorney General
            pursuant to section 508(c)(2)(C) shall not be subject
            to judicial review, including application for a writ of
            habeas corpus, except for a claim by the alien that
            continued detention violates the alien's rights under
            the Constitution. Jurisdiction over any such challenge
            shall lie exclusively in the United States Court of
            Appeals for the District of Columbia Circuit.

                             detention and custody

      Sec. 508. (a) Initial Custody.--
              (1) Upon filing application.--Subject to paragraph
            (2), the Attorney General may take into custody any
            alien with respect to whom an application under section
            503 has been filed and, notwithstanding any other
            provision of law, may retain such an alien in custody
            in accordance with the procedures authorized by this
            title.
              (2) Special rules for permanent resident aliens.--An
            alien lawfully admitted for permanent residence shall
            be entitled to a release hearing before the judge
            assigned to hear the special removal hearing. Such an
            alien shall be detained pending the special removal
            hearing, unless the alien demonstrates to the court
            that--
                      (A) the alien, if released upon such terms
                    and conditions as the court may prescribe
                    (including the posting of any monetary amount),
                    is not likely to flee, and
                      (B) the alien's release will not endanger
                    national security or the safety of any person
                    or the community.
            The judge may consider classified information submitted
            in camera and ex parte in making a determination under
            this paragraph.
              (3) Release if order denied and no review sought.--
                      (A) In general.--Subject to subparagraph (B),
                    if a judge of the special removal court denies
                    the order sought in an application with respect
                    to an alien and the Department of Justice does
                    not seek review of such denial, the alien shall
                    be released from custody.
                      (B) Application of regular procedures.--
                    Subparagraph (A) shall not prevent the arrest
                    and detention of the alien pursuant to title
                    II.
      (b) Conditional Release If Order Denied and Review Sought.--
              (1) In general.--If a judge of the special removal
            court denies the order sought in an application with
            respect to an alien and the Department of Justice seeks
            review of such denial, the judge shall release the
            alien from custody subject to the least restrictive
            condition or combination of conditions of release
            described in section 3142(b) and clauses (i) through
            (xiv) of section 3142(c)(1)(B) of title 18, United
            States Code, that will reasonably assure the appearance
            of the alien at any future proceeding pursuant to this
            title and will not endanger the safety of any other
            person or the community.
              (2) No release for certain aliens.--If the judge
            finds no such condition or combination of conditions,
            the alien shall remain in custody until the completion
            of any appeal authorized by this title.
      (c) Custody and Release After Hearing.--
              (1) Release.--
                      (A) In general.--Subject to subparagraph (B),
                    if the judge decides pursuant to section 505(i)
                    that an alien should not be removed, the alien
                    shall be released from custody.
                      (B) Custody pending appeal.--If the Attorney
                    General takes an appeal from such decision, the
                    alien shall remain in custody, subject to the
                    provisions of section 3142 of title 18, United
                    States Code.
              (2) Custody and removal.--
                      (A) Custody.--If the judge decides pursuant
                    to section 505(i) that an alien shall be
                    removed, the alien shall be detained pending
                    the outcome of any appeal. After the conclusion
                    of any judicial review thereof which affirms
                    the removal order, the Attorney General shall
                    retain the alien in custody and remove the
                    alien to a country specified under subparagraph
                    (B).
                      (B) Removal.--
                              (i) In general.--The removal of an
                            alien shall be to any country which the
                            alien shall designate if such
                            designation does not, in the judgment
                            of the Attorney General, in
                            consultation with the Secretary of
                            State, impair the obligation of the
                            United States under any treaty
                            (including a treaty pertaining to
                            extradition) or otherwise adversely
                            affect the foreign policy of the United
                            States.
                              (ii) Alternate countries.--If the
                            alien refuses to designate a country to
                            which the alien wishes to be removed or
                            if the Attorney General, in
                            consultation with the Secretary of
                            State, determines that removal of the
                            alien to the country so designated
                            would impair a treaty obligation or
                            adversely affect United States foreign
                            policy, the Attorney General shall
                            cause the alien to be removed to any
                            country willing to receive such alien.
                      (C) Continued detention.--If no country is
                    willing to receive such an alien, the Attorney
                    General may, notwithstanding any other
                    provision of law, retain the alien in custody.
                    The Attorney General, in coordination with the
                    Secretary of State, shall make periodic efforts
                    to reach agreement with other countries to
                    accept such an alien and at least every 6
                    months shall provide to the attorney
                    representing the alien at the special removal
                    hearing a written report on the Attorney
                    General's efforts. Any alien in custody
                    pursuant to this subparagraph shall be released
                    from custody solely at the discretion of the
                    Attorney General and subject to such conditions
                    as the Attorney General shall deem appropriate.
                      (D) Fingerprinting.--Before an alien is
                    transported out of the United States pursuant
                    to this subsection, or pursuant to an order of
                    removal because such alien is inadmissible
                    under section 212(a)(3)(B), the alien shall be
                    photographed and fingerprinted, and shall be
                    advised of the provisions of subsection 276(b).
      (d) Continued Detention Pending Trial.--
              (1) Delay in removal.--Notwithstanding the provisions
            of subsection (c)(2), the Attorney General may hold in
            abeyance the removal of an alien who has been ordered
            removed pursuant to this title to allow the trial of
            such alien on any Federal or State criminal charge and
            the service of any sentence of confinement resulting
            from such a trial.
              (2) Maintenance of custody.--Pending the commencement
            of any service of a sentence of confinement by an alien
            described in paragraph (1), such an alien shall remain
            in the custody of the Attorney General, unless the
            Attorney General determines that temporary release of
            the alien to the custody of State authorities for
            confinement in a State facility is appropriate and
            would not endanger national security or public safety.
              (3) Subsequent removal.--Following the completion of
            a sentence of confinement by an alien described in
            paragraph (1) or following the completion of State
            criminal proceedings which do not result in a sentence
            of confinement of an alien released to the custody of
            State authorities pursuant to paragraph (2), such an
            alien shall be returned to the custody of the Attorney
            General who shall proceed to carry out the provisions
            of subsection (c)(2) concerning removal of the alien.
      (e) Application of Certain Provisions Relating to Escape of
    Prisoners.--For purposes of sections 751 and 752 of title 18,
    United States Code, an alien in the custody of the Attorney
    General pursuant to this title shall be subject to the
    penalties provided by those sections in relation to a person
    committed to the custody of the Attorney General by virtue of
    an arrest on a charge of a felony.
      (f) Rights of Aliens in Custody.--
              (1) Family and attorney visits.--An alien in the
            custody of the Attorney General pursuant to this title
            shall be given reasonable opportunity to communicate
            with and receive visits from members of the alien's
            family, and to contact, retain, and communicate with an
            attorney.
              (2) Diplomatic contact.--An alien in the custody of
            the Attorney General pursuant to this title shall have
            the right to contact an appropriate diplomatic or
            consular official of the alien's country of citizenship
            or nationality or of any country providing
            representation services therefore. The Attorney General
            shall notify the appropriate embassy, mission, or
            consular office of the alien's detention.
                                  ----------

                          TITLE 18, UNITED STATES CODE

              * * * * * * *

                                 PART I--CRIMES

              * * * * * * *

                             CHAPTER 46--FORFEITURE

              * * * * * * *

    Sec. 982. Criminal forfeiture

      (a)(1) The court, in imposing sentence on a person convicted
    of an offense in violation of section 5313(a), 5316, or 5324 of
    title 31, or of section 1956, 1957, or 1960 of this title,
    shall order that the person forfeit to the United States any
    property, real or personal, involved in such offense, or any
    property traceable to such property. However, no property shall
    be seized or forfeited in the case of a violation of section
    5313(a) of title 31 by a domestic financial institution
    examined by a Federal bank supervisory agency or a financial
    institution regulated by the Securities and Exchange Commission
    or a partner, director, or employee thereof.
              * * * * * * *
      (6) The court, in imposing sentence on a person convicted of
    a violation of, or conspiracy to violate, section 1541, 1542,
    1543, 1544, or 1546 of this title, or a violation of, or
    conspiracy to violate, section 1028 of this title if committed
    in connection with passport or visa issuance or use, shall
    order that the person forfeit to the United States any
    property, real or personal, which the person used, or intended
    to be used, in committing, or facilitating the commission of,
    the violation, and any property constituting, or derived from,
    or traceable to, any proceeds the person obtained, directly or
    indirectly, as a result of such violation.
      (b)(1) Property subject to forfeiture under this section, any
    seizure and disposition thereof, and any administrative or
    judicial proceeding in relation thereto, shall be governed--
              (A) in the case of a forfeiture under subsection
            (a)(1) of this section, by subsections (c) and (e)
            through (p) of section 413 of the Comprehensive Drug
            Abuse Prevention and Control Act of 1970 (21 U.S.C.
            853); and
              (B) in the case of a forfeiture under subsection
            (a)(2) or (a)(6) of this section, by subsections (b),
            (c), (e), and (g) through (p) of section 413 of such
            Act.
              * * * * * * *

    Sec. 986. Subpoenas for bank records

      (a) At any time after the commencement of any action for
    forfeiture in rem brought by the United States under section
    1028, 1541, 1542, 1543, 1544, 1546, 1956, 1957, or 1960 of this
    title, section 5322 or 5324 of title 31, United States Code, or
    the Controlled Substances Act, any party may request the Clerk
    of the Court in the district in which the proceeding is pending
    to issue a subpoena duces tecum to any financial institution,
    as defined in section 5312(a) of title 31, United States Code,
    to produce books, records and any other documents at any place
    designated by the requesting party. All parties to the
    proceeding shall be notified of the issuance of any such
    subpoena. The procedures and limitations set forth in section
    985 of this title shall apply to subpoenas issued under this
    section.
              * * * * * * *

                     CHAPTER 47--FRAUD AND FALSE STATEMENTS

              * * * * * * *

    Sec. 1015. Naturalization, citizenship or alien registry

      (a) * * *
              * * * * * * *
      (d) Whoever knowingly makes any false cer-tificate,
    acknowledgment or statement concerning the appearance before
    him or the taking of an oath or affirmation or the signature,
    attestation or execution by any person with respect to any
    application, declaration, petition, affidavit, deposition,
    certificate of naturalization, certificate of citizenship or
    other paper or writing required or authorized by the laws
    relating to immigration, naturalization, citizenship, or
    registry of aliens[--]; or
      (e) Whoever knowingly makes any false statement or claim that
    he is, or at any time has been, a citizen or national of the
    United States, with the intent to obtain on behalf of himself,
    or any other person, any Federal benefit or service, or to
    engage unlawfully in employment in the United States; or
      (f) Whoever knowingly makes any false statement or claim that
    he is a citizen of the United States in order to register to
    vote or to vote in any Federal, State, or local election
    (including an initiative, recall, or referendum)--
      Shall be fined under this title or imprisoned not more than
    five years, or both.
              * * * * * * *

    Sec. 1028. Fraud and related activity in connection with identification
                        documents

      (a) * * *
      (b) The punishment for an offense under subsection (a) of
    this section is--
              (1) except as provided in paragraphs (3) and (4), a
            fine of under this title or imprisonment for not more
            than [five] 15 years, or both, if the offense is--
                      (A) * * *
              * * * * * * *
              (2) except as provided in paragraphs (3) and (4), a
            fine of under this title or imprisonment for not more
            than three years, or both, if the offense is--
                      (A) any other production or transfer of an
                    identification document or false identification
                    document; or
                      (B) an offense under paragraph (3) of such
                    subsection; [and]
              (3) a fine under this title or imprisonment for not
            more than 20 years, or both, if the offense is
            committed to facilitate a drug trafficking crime (as
            defined in section 929(a)(2) of this title);
              (4) a fine under this title or imprisonment for not
            more than 25 years, or both, if the offense is
            committed to facilitate an act of international
            terrorism (as defined in section 2331(1) of this
            title); and
              [(3)] (5) a fine of under this title or imprisonment
            for not more than one year, or both, in any other case.
              * * * * * * *

                        CHAPTER 75--PASSPORTS AND VISAS

              * * * * * * *

    Sec. 1546. Fraud and misuse of visas, permits, and other documents

      (a) * * *
              * * * * * * *
      Whoever knowingly makes under oath, or as permitted under
    penalty of perjury under section 1746 of title 28, United
    States Code, knowingly subscribes as true, any false statement
    with respect to a material fact in any application, affidavit,
    or other document required by the immigration laws or
    regulations prescribed thereunder, or knowingly presents any
    such application, affidavit, or other document [containing any
    such false statement] which contains any such false statement
    or which fails to contain any reasonable basis in law or fact--
      Shall be fined under this title or imprisoned not more than
    10 years, or both.
              * * * * * * *

           CHAPTER 96--RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS

              * * * * * * *

    Sec. 1961. Definitions

      As used in this chapter--
              (1) ``racketeering activity'' means (A) any act or
            threat involving murder, kidnapping, gambling, arson,
            robbery, bribery, extortion, dealing in obscene matter,
            or dealing in a controlled substance or listed chemical
            (as defined in section 102 of the Controlled Substances
            Act), which is chargeable under State law and
            punishable by imprisonment for more than one year; (B)
            any act which is indictable under any of the following
            provisions of title 18, United States Code: Section 201
            (relating to bribery), section 224 (relating to sports
            bribery), sections 471, 472, and 473 (relating to
            counterfeiting), section 659 (relating to theft from
            interstate shipment) if the act indictable under
            section 659 is felonious, section 664 (relating to
            embezzlement from pension and welfare funds), sections
            891-894 (relating to extortionate credit transactions),
            section 1028 (relating to fraud and related activity in
            connection with identification documents), section 1029
            (relating to fraud and related activity in connection
            with access devices), section 1084 (relating to the
            transmission of gambling information), section 1341
            (relating to mail fraud), section 1343 (relating to
            wire fraud), section 1344 (relating to financial
            institution fraud), sections 1461-1465 (relating to
            obscene matter), section 1503 (relating to obstruction
            of justice), section 1510 (relating to obstruction of
            criminal investigations), section 1511 (relating to the
            obstruction of State or local law enforcement), section
            1512 (relating to tampering with a witness, victim, or
            an informant), section 1513 (relating to retaliating
            against a witness, victim, or an informant), section
            1542 (relating to false statement in application and
            use of passport), section 1543 (relating to forgery or
            false use of passport), section 1544 (relating to
            misuse of passport), section 1546 (relating to fraud
            and misuse of visas, permits, and other documents),
            sections 1581-1588 (relating to peonage and slavery),
            section 1951 (relating to interference with commerce,
            robbery, or extortion), section 1952 (relating to
            racketeering), section 1953 (relating to interstate
            transportation of wagering paraphernalia), section 1954
            (relating to unlawful welfare fund payments), section
            1955 (relating to the prohibition of illegal gambling
            businesses), section 1956 (relating to the laundering
            of monetary instruments), section 1957 (relating to
            engaging in monetary transactions in property derived
            from specified unlawful activity), section 1958
            (relating to use of interstate commerce facilities in
            the commission of murder-for-hire), sections 2251-2252
            (relating to sexual exploitation of children), sections
            2312 and 2313 (relating to interstate transportation of
            stolen motor vehicles), sections 2314 and 2315
            (relating to interstate transportation of stolen
            property), section 2321 (relating to trafficking in
            certain motor vehicles or motor vehicle parts),
            sections 2341-2346 (relating to trafficking in
            contraband cigarettes), sections 2421-24 (relating to
            white slave traffic), (C) any act which is indictable
            under title 29, United States Code, section 186
            (dealing with restrictions on payments and loans to
            labor organizations) or section 501(c) (relating to
            embezzlement from union funds), (D) any offense
            involving fraud connected with a case under title 11
            (except a case under section 157 of that title), fraud
            in the sale of securities, or the felonious
            manufacture, importation, receiving, concealment,
            buying, selling, or otherwise dealing in a controlled
            substance or listed chemical (as defined in section 102
            of the Controlled Substances Act), punishable under any
            law of the United States, [or] (E) any act which is
            indictable under the Currency and Foreign Transactions
            Reporting Act, or (F) any act which is indictable under
            the Immigration and Nationality Act, section 274
            (relating to bringing in and harboring certain aliens),
            section 277 (relating to aiding or assisting certain
            aliens to enter the United States), or section 278
            (relating to importation of alien for immoral purpose).
              * * * * * * *

       CHAPTER 119--WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND
                      INTERCEPTION OF ORAL COMMUNICATIONS

              * * * * * * *

    Sec. 2516. Authorization for interception of wire, oral, or electronic
                        communications

      (1) The Attorney General, Deputy Attorney General, Associate
    Attorney General, or any Assistant Attorney General, any acting
    Assistant Attorney General, or any Deputy Assistant Attorney
    General or acting Deputy Assistant Attorney General in the
    Criminal Division specially designated by the Attorney General,
    may authorize an application to a Federal judge of competent
    jurisdiction for, and such judge may grant in conformity with
    section 2518 of this chapter an order authorizing or approving
    the interception of wire or oral communications by the Federal
    Bureau of Investigation, or a Federal agency having
    responsibility for the investigation of the offense as to which
    the application is made, when such interception may provide or
    has provided evidence of--
              (a) * * *
              * * * * * * *
              (n) any violation of section 5861 of the Internal
            Revenue Code of 1986 (relating to firearms); [and]
              (o)(1) a felony violation of section 1028 (relating
            to production of false identification documentation),
            section 1541 (relating to passport issuance without
            authority), section 1542 (relating to false statements
            in passport applications), section 1543 (relating to
            forgery or false use of passport), section 1544
            (relating to misuse of passport), section 1546
            (relating to fraud or misuse of visas, permits, or
            other documents) of this title; or
              (2) a violation of section 274, 277, or 278 of the
            Immigration and Nationality Act (relating to the
            smuggling of aliens); or
              [(o)] (p) any conspiracy to commit any offense
            described in any subparagraph of this paragraph.
              * * * * * * *

                        PART III--PRISONS AND PRISONERS

              * * * * * * *

               CHAPTER 306--TRANSFER TO OR FROM FOREIGN COUNTRIES

              * * * * * * *

    Sec. 4113. Status of alien offender transferred to a foreign country

      (a) An alien who is deportable from the United States but who
    has been granted voluntary departure pursuant to [section
    1252(b) or section 1254(e) of title 8, United States Code,]
    section 240B of the Immigration and Nationality Act and who is
    transferred to a foreign country pursuant to this chapter shall
    be deemed for all purposes to have voluntarily departed from
    this country.
      (b) An alien who is the subject of an order of [deportation]
    removal from the United States pursuant to [section 1252 of
    title 8, United States Code,] section 240 of the Immigration
    and Nationality Act who is transferred to a foreign country
    pursuant to this chapter shall be deemed for all purposes to
    have been [deported] removed from this country.
      (c) An alien who is the subject of an order of [exclusion and
    deportation] removal from the United States pursuant to section
    [1226 of title 8, United States Code] 240 of the Immigration
    and Nationality Act, who is transferred to a foreign country
    pursuant to this chapter shall be deemed for all purposes to
    have been excluded from admission and [deported] removed from
    the United States.
              * * * * * * *
                                  ----------

         IMMIGRATION AND NATIONALITY TECHNICAL CORRECTIONS ACT OF 1994

              * * * * * * *

                    TITLE I--NATIONALITY AND NATURALIZATION

    SEC. 101. EQUAL TREATMENT OF WOMEN IN CONFERRING CITIZENSHIP TO
                        CHILDREN BORN ABROAD.

      (a) * * *
              * * * * * * *
      (d) [Application to Transmission of Citizenship.--This]
    Applicability of Transmission Requirements.--This section, the
    amendments made by this section, and any retroactive
    application of such amendments shall not effect [any residency
    or other retention requirements for] the application of any
    provision of law relating to residence or physical presence in
    the United States for purposes of transmitting United States
    citizenship [as in effect before October 10, 1978, with respect
    to the transmission of citizenship.] to any person whose claim
    is based on the amendment made by subsection (a) or through
    whom such a claim is derived.

    SEC. 102. NATURALIZATION OF CHILDREN ON APPLICATION OF CITIZEN PARENT.

      (a) * * *
              * * * * * * *
      (e) Transition.--In applying the amendment made by subsection
    (a) to children born before November 14, 1986, any reference in
    the matter inserted by such amendment to ``five years, at least
    two of which'' is deemed a reference to ``10 years, at least 5
    of which''.
              * * * * * * *

              TITLE II--TECHNICAL CORRECTIONS OF IMMIGRATION LAWS

              * * * * * * *

    SEC. 207. TECHNICAL AMENDMENT REGARDING ONE-HOUSE VETO.

      Section 13(c) of the Act of September 11, 1957 (8 U.S.C.
    1255b(c)) is amended--
              (1) by striking the third sentence; and
              (2) in the fourth sentence, by striking ``If neither
            the Senate nor the House of Representatives passes such
            a resolution within the time above specified, the'' and
            inserting ``The''.
              * * * * * * *

    SEC. 209. FINES FOR UNLAWFUL BRINGING OF ALIENS INTO THE UNITED STATES.

      (a) In General.--Section 273 of the Immigration and
    Nationality Act (8 U.S.C. 1323) is amended--
              (1) in subsections (b) and (d) by striking ``the sum
            of [$3000] $3,000'' and inserting ``a fine of $3,000''
            each place it appears;
              * * * * * * *
      (b) Effective Date.--The amendments made by this [subsection]
    section shall apply with respect to aliens brought to the
    United States more than 60 days after the date of enactment of
    this Act.
              * * * * * * *

    SEC. 219. OTHER MISCELLANEOUS AND TECHNICAL CORRECTIONS TO IMMIGRATION-
                        RELATED PROVISIONS.

      (a) * * *
              * * * * * * *
      (cc) Section 204(a)(1)(C) of the Immigration Reform and
    Control Act of 1986 is amended by striking [``year 1993 the
    first place it appears''] ``year 1993'' the first place it
    appears and inserting ``years 1993''.
              * * * * * * *
      (ee)(1) * * *
              * * * * * * *
      (3) The amendments made by this subsection shall take effect
    on the date of the enactment of this Act.
              * * * * * * *

    SEC. 221. VISAS FOR OFFICIALS OF TAIWAN.

      Whenever the President of Taiwan or any other high-level
    official of Taiwan shall apply to visit the United States for
    the purposes of discussions with United States Federal or State
    government officials concerning--
              (1) trade or business with Taiwan that will reduce
            the United States-Taiwan trade deficit[;],
              (2) prevention of nuclear proliferation[;],
              (3) threats to the national security of the United
            States[;],
              (4) the protection of the global environment[;],
              (5) the protection of endangered species[;], or
              (6) regional humanitarian disasters[.],

    [The] the official shall be admitted to the United States,
    unless the official is otherwise [excludable] inadmissible
    under the immigration laws of the United States.
              * * * * * * *

    SEC. 225. CONSTRUCTION OF EXPEDITED DEPORTATION REQUIREMENTS.

      No amendment made by this Act [and nothing in section 242(i)
    of the Immigration and Nationality Act (8 U.S.C. 1252(i))]
    shall be construed to create any substantive or procedural
    right or benefit that is legally enforceable by any party
    against the United States or its agencies or officers or any
    other person.
                                  ----------

                            IMMIGRATION ACT OF 1990

              * * * * * * *

                              TITLE I--IMMIGRANTS

                  Subtitle A--Worldwide and Per Country Levels

              * * * * * * *

    SEC. 104. ASYLEE ADJUSTMENTS.

        (a) * * *
              * * * * * * *
        (d) Adjustment of Certain Former Asylees.--
              (1) In general.--Subject to paragraph (2), the
            provisions of section 209(b) of the Immigration and
            Nationality Act shall also apply to an alien--
                      (A) who was granted asylum before the date of
                    the enactment of this Act (regardless of
                    whether or not such asylum has been terminated
                    under section [208(b)] 208 of the Immigration
                    and Nationality Act),
              * * * * * * *

                     Subtitle C--Commission and Information

    SEC. 141. COMMISSION ON IMMIGRATION REFORM.

        (a) * * *
              * * * * * * *
          (b) Functions of Commission.--The Commission shall--
              (1) review and evaluate the impact of this Act and
            the amendments made by this Act, in accordance with
            subsection (c); [and]
              (2) transmit to the Congress--
                      (A) not later than September 30, 1994, a
                    first report describing the progress made in
                    carrying out paragraph (1), and
                      (B) not later than September 30, 1997, a
                    final report setting forth the Commission's
                    findings and recommendations, including such
                    recommendations for additional changes that
                    should be made with respect to legal
                    immigration into the United States as the
                    Commission deems appropriate[.]; and
              (3) transmit to Congress, not later than January 1,
            1997, a report containing recommendations (consistent
            with subsection (c)(3)) of methods of reducing or
            eliminating the fraudulent use of birth certificates
            for the purpose of obtaining other identity documents
            that may be used in securing immigration, employment,
            or other benefits.
          (c) Considerations.--
              (1) * * *
              (2) Diversity program.--The Commission shall analyze
            the information maintained under section 203(c)(3) of
            the Immigration and Nationality Act and shall report to
            Congress in its report under subsection (b)(2) on--
                      (A) the characteristics of individuals
                    admitted under section 203(c) of the
                    Immigration and Nationality Act, and
                      (B) how such characteristics compare to the
                    characteristics of family-sponsored immigrants
                    and employment-based immigrants.
            The Commission shall include in the report an
            assessment of the effect of the requirement of
            paragraph (2) of section 203(c) of the Immigration and
            Nationality Act on the diversity, educational, and
            skill level of aliens admitted.
              (3) For report on reducing birth certificate fraud.--
            In the report described in subsection (b)(3), the
            Commission shall consider and analyze the feasibility
            of--
                      (A) establishing national standards for
                    counterfeit-resistant birth certificates, and
                      (B) limiting the issuance of official copies
                    of a birth certificate of an individual to
                    anyone other than the individual or others
                    acting on behalf of the individual.
              * * * * * * *

                           Subtitle D--Miscellaneous

              * * * * * * *

    SEC. 154. PERMITTING EXTENSION OF PERIOD OF VALIDITY OF IMMIGRANT VISAS
                        FOR CERTAIN RESIDENTS OF HONG KONG.

        (a) * * *
        (b) Aliens Covered.--An alien is described in this
    subsection if the alien--
              (1)(A) * * *
              (B)(i) is residing in Hong Kong as of the date of the
            enactment of this Act and is issued an immigrant visa
            under paragraph (1), (2), (4), or (5) of section 203(a)
            of the Immigration and Nationality Act (as in effect on
            the date of the enactment of this Act) or under section
            203(a) or 203(b)(1) of such Act (as in effect on and
            after October 1, [1991)] 1991, and before October 1,
            1996) or under section 203(a), 203(b)(1), or 203(b)(2)
            (as in effect on and after October 1, 1996), or (ii) is
            the spouse or child (as defined in subsection (d)) of
            an alien described in clause (i), if accompanying or
            following to join the alien in coming to the United
            States; or
              * * * * * * *

               Subtitle E--Effective Dates; Conforming Amendments

    SEC. 161. EFFECTIVE DATES.

        (a) * * *
        (c) General Transitions.--
              (1) * * *
              * * * * * * *
              (3) In the case of an alien who is described in
            section 203(a)(8) of the Immigration and Nationality
            Act (as in effect before October 1, 1991) as the spouse
            or child of an alien admitted for permanent residence
            as a preference immigrant under section 203(a)(3) or
            203(a)(6) of such Act (as in effect before such date)
            and who would be entitled to enter the United States
            under such section 203(a)(8) but for the amendments
            made by this title, such an alien shall be deemed to be
            described in section 203(d) of such Act as the spouse
            or child [an an] of an alien described in section
            203(b)(2) or 203(b)(3)(A)(i), respectively, of such Act
            with the same priority date as that of the principal
            alien.
              * * * * * * *

                            TITLE II--NONIMMIGRANTS

                  Subtitle A--General and Permanent Provisions

              * * * * * * *

    SEC. 204. TREATY TRADERS (E NONIMMIGRANTS).

        (a) * * *
        (b) Application of Treaty Trader for Certain Foreign
    States.--Each of the following foreign states shall be
    considered, for purposes of section 101(a)(15)(E) of the
    Immigration and Nationality Act, to be a foreign state
    described in such section if the foreign state extends
    reciprocal nonimmigrant treatment to nationals of the United
    States:
              (1) The largest foreign state in each region (as
            defined in section 203(c)(1) of the Immigration and
            Nationality Act) which (A) has 1 or more dependent
            areas (as determined for purposes of section 202 of
            such Act) and (B) does not have a treaty of commerce
            and navigation with the United States.
              * * * * * * *

    SEC. 206. INTRA-COMPANY TRANSFEREES (L NONIMMIGRANTS).

        (a) Clarification of Treatment of Certain International
    Accounting Firms.--In applying sections 101(a)(15)(L) and
    [203(b)(1)(C)] 203(b)(2)(C) of the Immigration and Nationality
    Act and section 124(a)(3)(A) of this Act, in the case of a
    partnership that is organized in the United States to provide
    accounting services and that markets its accounting services
    under an internationally recognized name under an agreement
    with a worldwide coordinating organization that is owned and
    controlled by the member accounting firms, a partnership (or
    similar organization) that is organized outside the United
    States to provide accounting services shall be considered to be
    an affiliate of the United States partnership if it markets its
    accounting services under the same internationally recognized
    name under the agreement with the worldwide coordinating
    organization of which the United States partnership is also a
    member.
              * * * * * * *

             TITLE III--FAMILY UNITY AND TEMPORARY PROTECTED STATUS

    SEC. 301. FAMILY UNITY.

        (a) Temporary Stay of [Deportation] Removal and Work
    Authorization for Certain Eligible Immigrants.--The Attorney
    General shall provide that in the case of an alien who is an
    eligible immigrant (as defined in subsection (b)(1)) as of May
    5, 1988 (in the case of a relationship to a legalized alien
    described in subsection (b)(2)(B) or (b)(2)(C)) or as of
    December 1, 1988 (in the case of a relationship to a legalized
    alien described in subsection (b)(2)(A)), who has entered the
    United States before such date, who resided in the United
    States on such date, and who is not lawfully admitted for
    permanent residence, the alien--
              (1) may not be [deported] removed or otherwise
            required to depart from the United States on a ground
            specified in paragraph (1)(A), (1)(B), (1)(C), (3)(A),
            of section 241(a) of the Immigration and Nationality
            Act (other than so much of section 241(a)(1)(A) of such
            Act as relates to a ground of [exclusion]
            inadmissibility described in paragraph (2) or (3) of
            section 212(a) of such Act), and
              * * * * * * *
        (e) Exception for Certain Aliens.--An alien is not eligible
    for the benefits of this section if the Attorney General finds
    that--
              (1) the alien has been convicted of a felony or 3 or
            more misdemeanors in the United States, or
              (2) the alien is described in section [243(h)(2)]
            208(b)(2)(A) of the Immigration and Nationality Act.
              * * * * * * *

    SEC. 303. SPECIAL TEMPORARY PROTECTED STATUS FOR SALVADORANS.

        (a) * * *
              * * * * * * *
        (d) Enforcement of Requirement to Depart at Time of
    Termination of Designation.--
              (1) * * *
              (2) Sanction for failure to appear.--If an alien is
            provided an order to show cause under paragraph (1) and
            fails to appear at such proceedings, except for
            exceptional circumstances, the alien may be deported in
            absentia under section [242B] 240(b)(5) of the
            Immigration and Nationality Act (inserted by section
            545(a) of this Act) and certain discretionary forms of
            relief are no longer available to the alien pursuant to
            such section.
              * * * * * * *

                              TITLE V--ENFORCEMENT

              * * * * * * *

                        Subtitle D--General Enforcement

              * * * * * * *

    SEC. 545. DEPORTATION PROCEDURES; REQUIRED NOTICE OF DEPORTATION
                        HEARING; LIMITATION ON DISCRETIONARY RELIEF.

        (a) * * *
              * * * * * * *
        (g) Effective Dates.--
              (1) Notice-related provisions.--
                      (A) * * *
                      (B) The Attorney General shall certify to the
                    Congress when the central address file system
                    (described in section [242B(a)(4)] 239(a)(4) of
                    the Immigration and Nationality Act) has been
                    established.
              * * * * * * *

                      TITLE VI--EXCLUSION AND DEPORTATION

    SEC. 601. REVISION OF GROUNDS FOR EXCLUSION.

        (a) * * *
              * * * * * * *
        (c) Review of Exclusion Lists.--The Attorney General and
    the Secretary of State shall develop protocols and guidelines
    for updating lookout books and the automated visa lookout
    system and similar mechanisms for the screening of aliens
    applying for visas for admission, or for admission, to the
    United States. Such protocols and guidelines shall be developed
    in a manner that ensures that in the case of an alien--
              (1) whose name is in such system, and
              (2) who either (A) applies for [entry] admission
            after the effective date of the amendments made by this
            section, or (B) requests (in writing to a local
            consular office after such date) a review, without
            seeking admission, of the alien's continued
            [excludability] inadmissibility under the Immigration
            and Nationality Act,

    if the alien is no longer [excludable] inadmissible because of
    an amendment made by this section the alien's name shall be
    removed from such books and system and the alien shall be
    informed of such removal and if the alien continues to be
    [excludable] inadmissible the alien shall be informed of such
    determination.
              * * * * * * *
                                  ----------

     SECTION 128 OF THE FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS
                                 1992 AND 1993

    SEC. 128. VISA LOOKOUT SYSTEMS.

      (a) Visas.--The Secretary of State may not include in the
    Automated Visa Lookout System, or in any other system or list
    which maintains information about the [excludability]
    inadmissibility of aliens under the Immigration and Nationality
    Act, the name of any alien who is not [excludable] inadmissible
    from the United States under the Immigration and Nationality
    Act, subject to the provisions of this section.
      (b) Correction of Lists.--Not later than 3 years after the
    date of enactment of this Act, the Secretary of State shall--
              (1) correct the Automated Visa Lookout System, or any
            other system or list which maintains information about
            the [excludability] inadmissibility of aliens under the
            Immigration and Nationality Act, by deleting the name
            of any alien not [excludable] inadmissible under the
            Immigration and Nationality Act; and
              (2) report to the Congress concerning the completion
            of such correction process.
              * * * * * * *
      (e) Limitation.--
              (1) The Secretary may add or retain in such system or
            list the names of aliens who are not [excludable]
            inadmissible only if they are included for otherwise
            authorized law enforcement purposes or other lawful
            purposes of the Department of State. A name included
            for other lawful purposes under this paragraph shall
            include a notation which clearly and distinctly
            indicates that such person is not presently
            [excludable] inadmissible. The Secretary of State shall
            adopt procedures to ensure that visas are not denied to
            such individuals for any reason not set forth in the
            Immigration and Nationality Act.
              * * * * * * *
                                  ----------

    SECTION 1073 OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR
                                      1995

    SEC. 1073. SENSE OF CONGRESS CONCERNING VISAS FOR HIGH-LEVEL OFFICIALS
                        OF TAIWAN.

      It is the sense of Congress that no visa should be denied for
    a high-level official of Taiwan to enter the United States
    unless the official is otherwise [excludable] inadmissible
    under the immigration laws of the United States.
                                  ----------

                     SECTION 401 OF THE REFUGEE ACT OF 1980

      Sec. 401. (a) * * *
              * * * * * * *
      (c) This section applies with respect to any alien in the
    United States (1) who has applied before November 1, 1979, for
    asylum in the United States, (2) who has not been granted
    asylum, and (3) with respect to whom a final, nonappealable,
    and legally enforceable order of [deportation or exclusion]
    removal has not be entered.
              * * * * * * *
                                  ----------

          SECTION 501 OF THE REFUGEE EDUCATION ASSISTANCE ACT OF 1980

                 authorities for other programs and activities

          Sec. 501. (a) * * *
              * * * * * * *
        (e) As used in this section, the term ``Cuban and Haitian
    entrants'' means--
              (1) any individual granted parole status as a Cuban/
            Haitian Entrant (Status Pending) or granted any other
            special status subsequently established under the
            immigration laws for nationals of Cuba or Haiti,
            regardless of the status of the individual at the time
            assistance or services are provided; and
              (2) any other national of Cuba or Haiti--
                      (A) who--
                              (i) was paroled into the United
                            States and has not acquired any other
                            status under the Immigration and
                            Nationality Act;
                              (ii) is the subject of [exclusion or
                            deportation] removal proceedings under
                            the Immigration and Nationality Act; or
                              (iii) has an application for asylum
                            pending with the Immigration and
                            Naturalization Service; and
                      (B) with respect to whom a final,
                    nonappealable, and legally enforceable order of
                    [deportation or exclusion] removal has not been
                    entered.
              * * * * * * *
                                  ----------

             VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994

              * * * * * * *

                               TITLE II--PRISONS

              * * * * * * *

                        Subtitle C--Alien Incarceration

    SEC. 20301. INCARCERATION OF UNDOCUMENTED CRIMINAL ALIENS.

      (a) * * *
              * * * * * * *
      (c) Termination of Limitation.--Notwithstanding section
    [242(j)(5)] 241(h)(5) of the Immigration and Nationality Act,
    as added by subsection (a), the requirements of section
    [242(j)] 241(h) of the Immigration and Nationality Act, as
    added by subsection (a), shall not be subject to the
    availability of appropriations on and after October 1, 2004.
              * * * * * * *

                            TITLE VI--DEATH PENALTY

              * * * * * * *

    SEC. 60024. ENHANCED PENALTIES FOR ALIEN SMUGGLING.

      Section 274(a) of the Immigration and Nationality Act (8
    U.S.C. 1324(a)) is amended--
              (1) in paragraph (1)--
                      (A) * * *
              * * * * * * *
                      (F) by striking ``shall be fined in
                    accordance with title 18, United States Code,
                    or imprisoned not more than five years, or
                    both, for each alien in respect to whom any
                    violation of this paragraph occurs'' and
                    inserting ``shall be punished as provided in
                    subparagraph (B)''; and
              * * * * * * *

            TITLE XIII--CRIMINAL ALIENS AND IMMIGRATION ENFORCEMENT

              * * * * * * *

    SEC. 130002. CRIMINAL ALIEN TRACKING CENTER.

      [(a) Operation.--The Attorney General shall, under the
    authority of section 242(a)(3)(A) of the Immigration and
    Nationality Act (8 U.S.C. 1252(a)(3)(A)), operate a criminal
    alien tracking center.]
      (a) Operation and Purpose.--The Commissioner of Immigration
    and Naturalization shall, under the authority of section 236(d)
    of the Immigration and Nationality Act (8 U.S.C.
    1252(a)(3)(A)), operate a criminal alien identification system.
    The criminal alien identification system shall be used to
    assist Federal, State, and local law enforcement agencies in
    identifying and locating aliens who may be subject to removal
    by reason of their conviction of aggravated felonies, subject
    to prosecution under section 275 of such Act, not lawfully
    present in the United States, or otherwise removable. Such
    system shall include providing for recording of fingerprint
    records of aliens who have been previously arrested and removed
    into appropriate automated fingerprint identification systems.
              * * * * * * *

    SEC. 130003. ALIEN WITNESS COOPERATION AND COUNTERTERROR- ISM
                        INFORMATION.

      (a) * * *
      (b) Conditions of Entry.--
              (1) * * *
              * * * * * * *
              (3) Prohibition of change of status.--Section 248(1)
            of the Immigration and [Naturalization] Nationality Act
            (8 U.S.C. 1258(1)) is amended by striking ``or (K)''
            and inserting ``(K), or (S)''.
              * * * * * * *

    SEC. 130005. EXPEDITIOUS [DEPORTATION] REMOVAL FOR DENIED ASYLUM
                        APPLICANTS.

      (a) In General.--The Attorney General may provide for the
    expeditious adjudication of asylum claims and the expeditious
    [deportation] removal of asylum applicants whose applications
    have been finally denied, unless the applicant remains in an
    otherwise valid nonimmigrant status.
              * * * * * * *

    SEC. 130007. EXPANDED SPECIAL DEPORTATION PROCEEDINGS.

      (a) In General.--Subject to the availability of
    appropriations, the Attorney General may expand the program
    authorized by section [242A(d)] 238(a)(3) and [242(i)] 239(d)
    of the Immigration and Nationality Act to ensure that such
    aliens are immediately deportable upon their release from
    incarceration.
              * * * * * * *
                                  ----------

              SECTION 7 OF CENTRAL INTELLIGENCE AGENCY ACT OF 1949

      Sec. 7. Whenever the Director, the Attorney General and the
    Commissioner of Immigration shall determine [that the entry]
    that the admission of a particular alien into the United States
    for permanent residence is in the interest of national security
    or essential to the furtherance of the national intelligence
    mission, such alien and his immediate family shall be [given
    entry into] admitted to the United States for permanent
    residence without regard to their inadmissibility under the
    immigration or any other laws and regulations, or to the
    failure to comply with such laws and regulations pertaining to
    admissibility: Provided, That the number of aliens and members
    of their immediate families [entering] admitted to the United
    States under the authority of this section shall in no case
    exceed one hundred persons in any one fiscal year.
                                  ----------

     SECTION 4 OF THE ATOMIC WEAPONS AND SPECIAL NUCLEAR MATERIALS REWARDS
                                      ACT

      Sec. 4. If the information leading to award under section 3
    is furnished by an alien, the Secretary of State, the Attorney
    General, and the Director of Central Intelligence, acting
    jointly, may determine that the [entry] admission of such alien
    into the United States is in the public interest and, in that
    event, such alien and the members of his immediate family may
    receive immigrant visas and may be admitted to the United
    States for permanent residence, notwithstanding the
    requirements of the Immigration and Nationality Act.
                                  ----------

            SECTION 8 OF THE FOREIGN AGENTS REGISTRATION ACT OF 1938

                           enforcement and penalties

      Sec. 8. (a) * * *
              * * * * * * *
      (c) Any alien who shall be convicted of a violation of, or a
    conspiracy to violate, any provisions of this Act or any
    regulation thereunder shall be subject to [deportation in the
    manner provided by sections 241, 242, and 243 of the
    Immigration and Nationality Act.] removal pursuant to chapter 4
    of title II of the Immigration and Nationality Act.
              * * * * * * *
                                  ----------

                        SECTION 9 OF THE PEACE CORPS ACT

                       participation of foreign nationals

      Sec. 9. In order to provide for assistance by foreign
    nationals in the training of volunteers, and to permit
    effective implementation of Peace Corps projects with due
    regard for the desirability of cost-sharing arrangements, where
    appropriate, the President may make provision for
    transportation, housing, subsistence, or per diem in lieu
    thereof, and health care or health and accident insurance for
    foreign nationals engaged in activities authorized by this Act
    while they are away from their homes, without regard to the
    provisions of any other law: Provided, howevever, That per diem
    in lieu of subsistence furnished to such persons shall not be
    at rates higher than those prescribed by the Secretary of State
    pursuant to section 12 of Public Law 84-885 (70 Stat. 890).
    Such persons, and persons coming to the United States under
    contract pursuant to section 10(a)(5), may be admitted to the
    United States, if otherwise qualified, as nonimmigrants under
    section 101(a)(15) of the Immigration and Nationality Act (8
    U.S.C. 1101(a)(15)) for such time and under such conditions as
    may be prescribed by regulations promulgated by the Secretary
    of State and the Attorney General. A person admitted under this
    section who fails to maintain the status under which he was
    admitted or who fails to depart from the United States at the
    expiration of the time for which he was admitted, or who
    engages in activities of a political nature detrimental to the
    interests of the United States, or in activities not consistent
    with the security of the United States, shall, upon the warrant
    of the Attorney General, be taken into custody and promptly
    [deported pursuant to sections 241, 242, and 243 of the
    Immigration and Nationality Act. Deportation] removed pursuant
    to chapter 4 of title II of the Immigration and Nationality Act
    proceedings under this section shall be summary and the
    findings of the Attorney General as to matters of fact shall be
    conclusive.
                                  ----------

                     SECTION 6 OF THE ACT OF AUGUST 1, 1956

      Sec. 6. (a) * * *
      (b) Any alien convicted of a violation of this Act or any
    regulation thereunder is subject to deportation in the manner
    provided by [chapter 5, title II, of the Immigration and
    Nationality Act (66 Stat. 163)] chapter 4 of title II of the
    Immigration and Nationality Act.
              * * * * * * *
                                  ----------

     SECTION 2 OF THE VIRGIN ISLANDS NONIMMIGRANT ALIEN ADJUSTMENT ACT OF
                                      1982

                        adjustment of immigration status

      Sec. 2. (a) * * *
              * * * * * * *
      (c)(1) * * *
      (2) The Secretary of State, in his discretion and after
    consultation with the Secretary of the Interior and the
    Governor of the Virgin Islands of the United States, may limit
    the number of immigrant visas that may be issued in any fiscal
    year to aliens with respect to whom second preference petitions
    or first or third family preference petitions (filed by aliens
    who have had their status so adjusted) are approved.
      (3) Notwithstanding any other provision of law, no alien
    shall be eligible to receive an immigrant visa (or to otherwise
    acquire the status of an alien lawfully admitted to the United
    States from permanent residence)--
              (A) by virtue of a fourth or fifth preference
            petition filed by an individual who had his status
            adjusted under this section unless the individual
            establishes to the satisfaction of the Attorney General
            that exceptional and extremely unusual hardship exists
            for permitting the alien to receive such visa (or
            otherwise acquire such status); [or]
              (B) by virtue of a second preference petition filed
            by an individual who was admitted to the United States
            as an immigrant by virtue of an immediate relative
            petition filed by the son or daughter of the
            individual, if that son or daughter had his or her
            status adjusted under this section[.]; or
              (C) by virtue of a first or third family preference
            petition filed by an individual who was admitted to the
            United States as an immigrant by virtue of a second
            family preference petition filed by the son or daughter
            of the individual, if that son or daughter had his or
            her status adjusted under this section.
      (4) For purposes of this subsection, the terms ``second
    preference petition'', ``fourth preference petition'', ``fifth
    preference petition'', and ``immediate relative petition''
    mean, in the case of an alien, a petition filed under section
    204(a) of the Act to grant preference status to the alien by
    reason of the relationship described in section 203(a)(2),
    203(a)(4), 203(a)(5), or 201(b), respectively, of the Act (as
    in effect before October 1, 1991) or by reason of the
    relationship described in section 203(a)(2), 203(a)(3), or
    203(a)(4), or 201(b)(2)(A)(i), respectively, of such Act (as in
    effect [on or after such date).] on or after such date and
    before October 1, 1996). For purposes of this subsection, the
    terms ``first family preference petition'', ``second family
    preference petition'', and ``third family preference petition''
    mean, in the case of an alien, a petition filed under section
    204(a) of the Act to grant preference status to the alien by
    reason of the relationship described in section 203(a)(1),
    203(a)(2), or 203(a)(3), respectively (as in effect on and
    after October 1, 1996).
              * * * * * * *
                                  ----------

            SECTION 2 OF THE CHINESE STUDENT PROTECTION ACT OF 1992

    SEC. 2. ADJUSTMENT TO LAWFUL PERMANENT RESIDENT STATUS OF CERTAIN
                        NATIONALS OF THE PEOPLE'S REPUBLIC OF CHINA.

      (a) * * *
              * * * * * * *
      (d) Offset in Per Country Numerical Level.--
              (1) * * *
              (2) Allotment if section 202(e) applies.--If section
            202(e) of the Immigration and Nationality Act is
            applied to the People's Republic of China in an
            applicable fiscal year, in applying such section--
                      (A) 300 immigrant visa numbers shall be
                    deemed to have been previously issued to
                    natives of that foreign state under section
                    [203(b)(3)(A)(i)] 203(b)(4)(B) of such Act in
                    that year, and
                      (B) 700 immigrant visa numbers shall be
                    deemed to have been previously issued to
                    natives of that foreign state under section
                    203(b)(5) of such Act in that year.
              * * * * * * *
                                  ----------

                  SECTION 1821 OF TITLE 28, UNITED STATES CODE

    Sec. 1821. Per diem and mileage generally; subsistence

      (a) * * *
              * * * * * * *
      (e) An alien who has been paroled into the United States for
    prosecution, pursuant to section 212(d)(5) of the Immigration
    and Nationality Act (8 U.S.C. 1182(d)(5)), or an alien who
    either has admitted belonging to a class of aliens who are
    deportable or has been determined pursuant to section [242(b)]
    240 of such Act (8 U.S.C. 1252(b)) to be deportable, shall be
    ineligible to receive the fees or allowances provided by this
    section.
              * * * * * * *
                                  ----------

                   IMMIGRATION REFORM AND CONTROL ACT OF 1986

                             TITLE II--LEGALIZATION

              * * * * * * *

    SEC. 202. CUBAN-HAITIAN ADJUSTMENT.

        (a) Adjustment of Status.--The status of any alien
    described in subsection (b) may be adjusted by the Attorney
    General, in the Attorney General's discretion and under such
    regulations as the Attorney General may prescribe, to that of
    an alien lawfully admitted for permanent residence if--
              (1) * * *
              * * * * * * *
              (3) the alien is not an alien described in section
            243(h)(2) of such Act;
              * * * * * * *

    SEC. 204. STATE LEGALIZATION IMPACT-ASSISTANCE GRANTS.

        (a) * * *
              * * * * * * *
        (c) Providing Assistance.--(1) Of the amounts allotted to a
    State under this section, the State may only use such funds, in
    accordance with this section--
              (A) * * *
              * * * * * * *
              (D) to make payments for public education and
            outreach (including the provision of information to
            individual applicants) to inform temporary resident
            aliens regarding--
                      (i) the requirements of sections 210[, 210A,]
                    and 245A of the Immigration and Nationality Act
                    regarding the adjustment of resident status,
              * * * * * * *
        (j) Definitions.--For purposes of this section:
              (1) * * *
              * * * * * * *
              (4) The term ``eligible legalized alien'' means an
            alien who has been granted lawful temporary resident
            status under section 210[, 210A,] or 245A of the
            Immigration and Nationality Act, but only until the end
            of the five-year period beginning on the date the alien
            was first granted such status, except that the five-
            year limitation shall not apply for the purposes of
            making payments from funds appropriated under the
            fiscal year 1995 Labor, Health and Human Services, and
            Education, and Related Agencies Appropriations Act for
            providing public information and outreach activities
            regarding naturalization and citizenship; and English
            language and civics instruction to any adult eligible
            legalized alien who has not met the requirements of
            section 312 of the Immigration and Nationality Act for
            purposes of becoming naturalized as a citizen of the
            United States.

                     TITLE III--REFORM OF LEGAL IMMIGRATION

              * * * * * * *

                  Part B--Other Changes in the Immigration Law

              * * * * * * *

    SEC. 315. MISCELLANEOUS PROVISIONS.

        (a) * * *
              * * * * * * *
        (c) Sense of Congress Respecting Treatment of Cuban
    Political Prisoners.--It is the sense of the Congress that the
    Secretary of State should provide for the issuance of visas to
    nationals of Cuba who are or were imprisoned in Cuba for
    political activities without regard to section [243(g)] 243(d)
    of the Immigration and Nationality Act (8 U.S.C. [1253(g)]
    1253(d)).
              * * * * * * *

                         TITLE IV--REPORTS TO CONGRESS

    SEC. 401. TRIENNIAL COMPREHENSIVE REPORT ON IMMIGRATION.

        (a) Triennial Report.--The President shall transmit to the
    Congress, not later than January 1, 1989, and not later than
    January 1 of every third year thereafter, a comprehensive
    immigration-impact report.
        (b) Details in Each Report.--Each report shall include--
              (1) the number and classification of aliens admitted
            (whether as [immediate relatives] spouses and children
            of citizens, special immigrants, refugees, or under the
            preferences classifications, or as nonimmigrants),
            paroled, or granted asylum, during the relevant period;
              * * * * * * *
                                  ----------

      SECTION 702 OF THE DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE
            JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 1988

      Sec. 702. (a) * * *
      (b) Processing of Immigrant Visa Applications of Cuban
    Nationals in Third Countries.--Notwithstanding section 212(f)
    and section [243(g)] 243(d) of the Immigration and Nationality
    Act, on and after the date of the enactment of this Act,
    consular officers of the Department of State shall process
    immigrant visa applications by nationals of Cuba located in
    third countries on the same basis as immigrant visa
    applications by nationals of other countries.
              * * * * * * *
                                  ----------

     SECTION 903 OF THE FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS
                                 1988 AND 1989

    SEC. 903. PROCESSING OF CUBAN NATIONALS FOR ADMISSION TO THE UNITED
                        STATES.

        (a) * * *
        (b) Processing of Immigrant Visa Applications of Cuban
    Nationals in Third Countries.--Notwithstanding section 212(f)
    and section [243(g)] 243(d) of the Immigration and Nationality
    Act, on and after the date of the enactment of this Act,
    consular officers of the Department of State shall process
    immigrant visa applications by nationals of Cuba located in
    third countries on the same basis as immigrant visa
    applications by nationals of other countries.
              * * * * * * *
                                  ----------

                    SECTION 6 OF THE FOOD STAMP ACT OF 1977

                         ELIGIBILITY DISQUALIFICATIONS

      Sec. 6. (a) * * *
              * * * * * * *
      (f) No individual who is a member of a household otherwise
    eligible to participate in the food stamp program under this
    section shall be eligible to participate in the food stamp
    program as a member of that or any other household unless he or
    she is (1) a resident of the United States and (2) either (A) a
    citizen or (B) an alien lawfully admitted for permanent
    residence as an immigrant as defined by sections 101(a)(15) and
    101(a)(20) of the Immigration and Nationality Act (8 U.S.C.
    1101(a)(15) and 8 U.S.C. 1101(a)(20)), excluding, among others,
    alien visitors, tourists, diplomats, and students who enter the
    United States temporarily with no intention of abandoning their
    residence in a foreign country; or (C) an alien who entered the
    United States prior to June 30, 1948, or such subsequent date
    as is enacted by law, has continuously maintained his or her
    residence in the United States since then, and is not
    ineligible for citizenship, but who is deemed to be lawfully
    admitted for permanent residence as a result of an exercise of
    discretion by the Attorney General pursuant to section 249 of
    the Immigration and Nationality Act (8 U.S.C. 1259); or (D) an
    alien who has qualified for conditional entry pursuant to
    sections 207 and 208 of the Immigration and Nationality Act (8
    U.S.C. 1157 and 1158); or (E) an alien who is lawfully present
    in the United States as a result of an exercise of discretion
    by the Attorney General for emergent reasons or reasons deemed
    strictly in the public interest pursuant to section 212(d)(5)
    of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5));
    or (F) an alien within the United States as to whom the
    Attorney General has withheld deportation pursuant to section
    243 of the Immigration and Nationality Act (8 U.S.C. 1253(h)).
    No aliens other than the ones specifically described in clauses
    (B) through (F) of this subsection shall be eligible to
    participate in the food stamp program as a member of any
    household. The income (less a pro rata share) and financial
    resources of the individual rendered ineligible to participate
    in the food stamp program under this subsection shall be
    considered in determining the eligibility and the value of the
    allotment of the household of which such individual is a
    member.
              * * * * * * *
                                  ----------

        SECTION 214 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1980

        Sec. 214. (a) Notwithstanding any other provision of law,
    the Secretary of Housing and Urban Development may not make
    financial assistance available for the benefit of any alien
    unless that alien is a resident of the United States and is--
              (1) * * *
              * * * * * * *
              (5) an alien who is lawfully present in the United
            States as a result of the Attorney General's
            withholding deportation pursuant to section [243(h)]
            241(b)(3) of the Immigration and Nationality Act (8
            U.S.C. 1253(h)); or
              * * * * * * *
                                  ----------

        SECTION 304 OF THE MISCELLANEOUS AND TECHNICAL IMMIGRATION AND
                       NATURALIZATION AMENDMENTS OF 1991

    SEC. 304. CORRECTIONS RELATING TO TITLE III OF THE IMMIGRATION ACT OF
                        1990.

      (a) * * *
              * * * * * * *
      (c)(1) In the case of an alien described in paragraph (2)
    whom the Attorney General authorizes to travel abroad
    temporarily and who returns to the United States in accordance
    with such authorization--
              (A) the alien shall be inspected and admitted in the
            same immigration status the alien had at the time of
            departure if--
                      (i) in the case of an alien described in
                    paragraph (2)(A), the alien is found not to be
                    excludable on a ground of exclusion referred to
                    in section 301(a)(1) of the Immigration Act of
                    1990, or
                      (ii) in the case of an alien described in
                    paragraph (2)(B), the alien is found not to be
                    excludable on a ground of exclusion referred to
                    in section 244A(c)(2)(A)(iii) of the
                    Immigration and Nationality Act; and
              (B) the alien shall not be considered, by reason of
            such authorized departure, to have failed to maintain
            continuous physical presence in the United States for
            purposes of section [244(a)] 240A(a) of the Immigration
            and Nationality Act if the absence meets the
            requirements of section [244(b)(2)] 240A(b)(2) of such
            Act.
              * * * * * * *
                                  ----------

                   SOVIET SCIENTISTS IMMIGRATION ACT OF 1992

              * * * * * * *

    SEC. 3. WAIVER OF JOB OFFER REQUIREMENT.

      The requirement in section [203(b)(2)(A) of the Immigration
    and Nationality Act (8 U.S.C. 1153(b)(2)(A))] 203(b)(3)(B)(i)
    of the Immigration and Nationality Act (8 U.S.C.
    1153(b)(3)(B)(i)) that an alien's services in the sciences,
    arts, or business be sought by an employer in the United States
    shall not apply to any eligible independent states or Baltic
    scientist who is applying for admission to the United States
    for permanent residence in accordance with that section.

    SEC. 4. CLASSIFICATION OF INDEPENDENT STATES SCIENTISTS AS HAVING
                        EXCEPTIONAL ABILITY.

      (a) In General.--The Attorney General shall designate a class
    of eligible independent states and Baltic scientists, based on
    their level of expertise, as aliens who possess ``exceptional
    ability in the sciences'', for purposes of section
    [203(b)(2)(A) of the Immigration and Nationality Act (8 U.S.C.
    1153(b)(2)(A))] 203(b)(3)(B)(i) of the Immigration and
    Nationality Act (8 U.S.C. 1153(b)(3)(B)(i)), whether or not
    such scientists possess advanced degrees.
      (b) Regulations.--The Attorney General shall prescribe
    regulations to carry out subsection (a).
      (c) Limitation.--Not more than 750 eligible independent
    states and Baltic scientists (excluding spouses and children if
    accompanying or following to join) within the class designated
    under subsection (a) may be allotted visas under section
    [203(b)(2)(A) of the Immigration and Nationality Act (8 U.S.C.
    1153(b)(2)(A))] 203(b)(3) of the Immigration and Nationality
    Act (8 U.S.C. 1153(b)(2)).
              * * * * * * *
                                  ----------

        SECTION 9 OF THE IMMIGRATION AND NATIONALITY AMENDMENTS OF 1976

      [Sec. 9. (a) The amendments made by this Act shall not
    operate to affect the entitlement to immigrant status or the
    order of consideration for issuance of an immigrant visa of an
    alien entitled to a preference status, under section 203(a) of
    the Immigration and Nationality Act, as in effect on the day
    before the effective date of this Act, on the basis of a
    petition filed with the Attorney General prior to such
    effective date.
      [(b) An alien chargeable to the numerical limitation
    contained in section 21(e) of the Act of October 3, 1965 (79
    Stat. 921), who established a priority date at a consular
    office on the basis of entitlement to immigrant status under
    statutory or regulatory provisions in existence on the day
    before the effective date of this Act shall be deemed to be
    entitled to immigrant status under section 203(a)(8) of the
    Immigration and Nationality Act and shall be accorded the
    priority date previously established by him. Nothing in this
    section shall be construed to preclude the acquisition by such
    an alien of a preference status under section 203(a) of the
    Immigration and Nationality Act, as amended by section 4 of
    this Act. Any petition filed by, or on behalf of, such an alien
    to accord him a preference status under section 203(a) shall,
    upon approval, be deemed to have been filed as of the priority
    date previously established by such alien. The numerical
    limitation to which such an alien shall be chargeable shall be
    determined as provided in sections 201 and 202 of the
    Immigration and Nationality Act, as amended by this Act.]
                                  ----------

        SECTION 19 OF THE IMMIGRATION AND NATIONALITY AMENDMENTS OF 1981

      [Sec. 19. The numerical limitations contained in sections 201
    and 202 of the Immigration and Nationality Act shall not apply
    to any alien who is present in the United States and who, on or
    before June 1, 1978--
              [(1) qualified as a nonpreference immigrant under
            section 203(a)(8) of such Act (as in effect on June 1,
            1978);
              [(2) was determined to be exempt from the labor
            certification requirement of section 212(a)(14) of such
            Act because the alien had actually invested, before
            such date, capital in an enterprise in the United
            States of which the alien became a principal manager
            and which employed a person or persons (other than the
            spouse or children of the alien) who are citizens of
            the United States or aliens lawfully admitted for
            permanent residence; and
              [(3) applied for adjustment of status to that of an
            alien lawfully admitted for permanent residence.]
                                  ----------

                         INTERNAL REVENUE CODE OF 1984

                            Subtitle A--Income Taxes

              * * * * * * *

                      CHAPTER 1--NORMAL TAXES AND SURTAXES

              * * * * * * *

                  Subchapter A--Determination of Tax Liability

              * * * * * * *

                          PART IV--CREDITS AGAINST TAX

              * * * * * * *

                      Subpart B--Foreign Tax Credits, Etc.

              * * * * * * *

    SEC. 32. EARNED INCOME.

      (a) * * *
              * * * * * * *
      (c) Definitions and Special Rules.--For purposes of this
    section--
              (1) Eligible individual.--
                      (A) * * *
              * * * * * * *
                      (F) Identification number requirement.--The
                    term ``eligible individual'' does not include
                    any individual who does not include on the
                    return of tax for the taxable year--
                              (i) such individual's taxpayer
                            identification number, and
                              (ii) if the individual is married
                            (within the meaning of section 7703),
                            the taxpayer identification number of
                            such individual's spouse.
              * * * * * * *
      (k) Identification Numbers.--For purposes of subsections
    (c)(1)(F) and (c)(3)(D), a taxpayer identification number means
    a social security number issued to an individual by the Social
    Security Administration (other than a social security number
    issued pursuant to clause (II) (or that portion of clause (III)
    that relates to clause (II)) of section 205(c)(2)(B)(i) of the
    Social Security Act).
              * * * * * * *

                    Subtitle F--Procedure and Administration

              * * * * * * *

                             CHAPTER 63--ASSESSMENT

              * * * * * * *

      Subchapter B--Deficiency Procedures in the Case of Income, Estate,
                         Gift, and Certain Excise Taxes

              * * * * * * *

    SEC. 6213. RESTRICTIONS APPLICABLE TO DEFICIENCIES; PETITION TO TAX
                        COURT

      (a) * * *
              * * * * * * *
      (g) Definitions.--For purposes of this section--
              (1) * * *
              (2) Mathematical or clerical error.--The term
            ``mathematical or clerical error'' means--
                      (A) * * *
              * * * * * * *
                      (D) an omission of information which is
                    required to be supplied on the return to
                    substantiate an entry on the return, [and]
                      (E) an entry on a return of a deduction or
                    credit in an amount which exceeds a statutory
                    limit imposed by subtitle A or B, or chapter
                    41, 42, 43, or 44, if such limit is expressed--
                              (i) as a specified monetary amount,
                            or
                              (ii) as a percentage, ratio, or
                            fraction,
                    and if the items entering into the application
                    of such limit appear on such return[.], and
                      (F) an omission of a correct taxpayer
                    identification number required under section 23
                    (relating to credit for families with younger
                    children) or section 32 (relating to the earned
                    income tax credit) to be included on a return.
              * * * * * * *
                                  ----------

      THE DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND
                    RELATED AGENCIES APPROPRIATION ACT, 1994

              TITLE I--DEPARTMENT OF JUSTICE AND RELATED AGENCIES

              * * * * * * *

                             DEPARTMENT OF JUSTICE

              * * * * * * *

                     Immigration and Naturalization Service

                             salaries and expenses

      For expenses, not otherwise provided for, necessary for the
    administration and enforcement of the laws relating to
    immigration, naturalization, and alien registration, including
    not to exceed $50,000 to meet unforeseen emergencies of a
    confidential character, to be expended under the direction of,
    and to be accounted for solely under the certificate of, the
    Attorney General; purchase for police-type use (not to exceed
    597 of which 302 are for replacement only) without regard to
    the general purchase price limitation for the current fiscal
    year, and hire of passenger motor vehicles; acquisition, lease,
    maintenance and operation of aircraft; and research related to
    immigration enforcement; $1,048,538,000, of which not to exceed
    $400,000 for research shall remain available until expended,
    and of which not to exceed $10,000,000 shall be available for
    costs associated with the Training program for basic officer
    training: Provided, That none of the funds available to the
    Immigration and Naturalization Service shall be available for
    administrative expenses to pay any employee overtime pay in an
    amount in excess of $25,000: Provided further, That uniforms
    may be purchased without regard to the general purchase price
    limitation for the current fiscal year: Provided further, That
    not to exceed $5,000 shall be available for official reception
    and representation expenses[: Provided further, That the Land
    Border Fee Pilot Project scheduled to end September 30, 1993,
    is extended to September 30, 1996 for projects on the northern
    border of the United States only].
              * * * * * * *
                                  ----------

      SECTION 506 OF THE INTELLIGENCE AUTHORIZATION ACT, FISCAL YEAR 1990

     requirements for citizenship for staff of united states army russian
                                   institute

      Sec. 506. (a) For purposes of section 319(c) of the
    Immigration and Nationality Act (8 U.S.C. 1430(c)), the United
    States Army Russian Institute, located in Garmisch, Federal
    Republic of Germany, shall be considered to be an organization
    described in clause (1) of [this section] such section.
              * * * * * * *
                                  ----------

     SECTION 140 OF THE FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS
                                 1994 AND 1995

    SEC. 140. VISAS.

      (a) * * *
              * * * * * * *
      (f) Not later than December 31, 1996, the Secretary of State
    and the Director of the Federal Bureau of Investigation shall
    jointly submit to the Committee on Foreign Affairs and the
    Committee on the Judiciary of the House of Representatives, and
    the Committee on Foreign Relations and the Committee on the
    Judiciary of the Senate, a report on the effectiveness of the
    procedures authorized in subsections (d) and (e).
      [(g) This subsection shall] (g) Subsections (d) and (e) shall
    cease to have effect after December 31, 1997.
                    ADDITIONAL VIEWS OF REP. ELTON GALLEGLY

        One of the most critical challenges facing the 104th
    Congress is the passage of comprehensive and effective
    immigration reform legislation. For many years, the American
    people have expressed frustration that its leaders in Congress
    have failed to enact policies to eliminate the unacceptably
    high levels of illegal migration to our country. Under the able
    leadership of Representative Lamar Smith, Chairman of the House
    Subcommittee on Immigration and Claims, the Judiciary Committee
    has approved legislation, H.R. 2202, which finally addresses in
    a serious manner the public's concern over this problem.
        In an effort to find solutions to this on-going crisis,
    Speaker Newt Gingrich earlier this year appointed me Chairman
    of the Congressional Task Force on Immigration Reform, which
    was comprised of fifty-four Members of Congress, both
    Republicans and Democrats. We were asked to provide a report to
    the Speaker and relevant congressional committees by June 30,
    1995. In preparing its findings, the Task Force on Immigration
    Reform reviewed existing laws; committee reports; testimony
    before Committees of Congress; and various existing reports
    prepared by a wide-range of organizations and individuals. To
    enhance the expertise of the panel and obtain a first-hand view
    of the problem, the Task Force conducted fact-finding missions
    to San Diego, California; New York, New York; and Miami,
    Florida.
        The Task Force was organized into six working groups to
    focus on the most crucial areas of immigration policy most in
    need of reform. The groups were: Border Enforcement, Chaired by
    Congressman Royce (R-CA); Workplace Enforcement, Chaired by
    Congressman Deal (R-GA); Public Benefits, Chaired by
    Congressman Goss (R-FL); Political Benefits, Chaired by
    Congressman Goss (R-FL); Political Asylum, Chaired by
    Congressman McCollum (R-FL); Deportation, Chaired by
    Congressman Condit (D-CA); and Visa Overstays, Chaired by
    Congressman Goodlatte (R-VA). These working groups met
    individually and made specific recommendations to the entire
    Task Force.
        The Task Force has worked closely with Chairman Smith to
    include over 80% of these recommendations in H.R. 2202--the
    Immigration in the National Interest Act. Many measures were
    incorporated in the original bill, while others have been
    successfully added to the legislation through amendments.
        At the time of introduction, H.R. 2202 included over
    twenty-five Task Force recommendations. In the area of border
    enforcement, these recommendations included the doubling of the
    number of border patrol agents stationed at the border over a
    five year period, increasing penalties for immigrant smuggling
    and the construction of a triple-barrier fencing along the
    U.S.-Mexico border.
        H.R. 2202 also incorporated in its entirety H.R. 1765, a
    bill which I introduced earlier this year that targets long-
    term illegal immigration. This legislation prohibits anyone who
    has been in this country illegally for more than one year from
    receiving a visa for a ten-year period. This will serve as a
    strong encouragement for illegal immigrants--both persons who
    overstayed their visa and those who crossed the border
    illegally--to return to their native countries and re-enter
    through legal channels.
        During markup of the bill in the Immigration and Claims
    Subcommittee, I offered four amendments, including three en
    bloc amendments which were accepted. The first amendment
    authorized full reimbursement to state and local governments
    for the costs of providing emergency health care service to
    illegal immigrants. Hospitals are required to verify with INS
    that the patient is illegally in the U.S. as a condition for
    such reimbursement.
        A major focus of the three en bloc amendments involved
    bolstering enforcement efforts targeted at criminal aliens.
    They provided for improving the identification of criminal
    aliens by state and local authorities; mandatory detention of
    all illegal aliens caught re-entering the United States on
    three occasions; increasing penalties for immigrant smuggling;
    increasing funds for investigators and border patrol located in
    the interior; increasing criminal penalties for possessing,
    producing or transferring fraudulent documents; and increasing
    the amount reimbursable for states and local governments for
    the costs of incarcerating criminal aliens. Another important
    measure dealing with criminal aliens authorizes the President
    to enter into negotiations with foreign countries for the
    purpose of reaching agreement on the transfer of alien
    prisoners.
        Furthermore, the en bloc amendments authorized a major
    expansion in the number of asylum officers and more than
    doubled the number of detention spaces available to the
    Immigration and Naturalization Service. This latter provision
    will allow the INS to house illegal entrants determined to be
    high-flight risk or pose a danger to the community.
        As H.R. 2202 was considered by the full Judiciary
    Committee, I offered nine additional amendments, all of which
    were accepted. Two amendments strengthened measures against
    criminal aliens, including one providing that upon the request
    of a state governor, the INS will assist state courts in the
    identification of illegal aliens pending criminal prosecution.
        Several other measures specifically targeted illegal aliens
    who attempt to receive government benefits. One important
    amendment requires the Department of Education to verify the
    immigration status of persons who apply for higher education
    benefits. This provision was promoted by an Education
    Department report which found that ineligible aliens are
    awarded over $70 million in Pell Grants and $45 million in
    Stafford Loans each year. Another measure ensures that state
    officials are able to communicate with the Immigration and
    Naturalization Service for the purpose of verifying the
    immigration status of aliens who are applying for public
    benefits. This measure also ensures that state government
    entities can report to the INS when an alien is illegally
    attempting to access taxpayer financed programs.
        Finally, in an effort to protect American jobs and
    discourage illegal immigration, I introduced an amendment to
    close a major loophole in the existing immigration law. Under
    existing law, an alien who applies for permanent residency
    based on a job offer must demonstrate to INS and the Department
    of Labor that, depending on the visa category, they possess at
    least a specific level of work experience. However, illegal
    work is currently allowed to be counted as valid experience for
    this purpose. This encourages persons to come to the U.S., work
    illegally and then apply for a green card based on that illegal
    work experience. My amendment, which was adopted by the
    Judiciary Committee, would prohibit aliens from using this
    illegal work as evidence that he or she possesses sufficient
    experience and skills to obtain a green card.
        The bill reported by the Judiciary Committee represents a
    watershed in our attempt to once and for all address the
    perplexing issues of illegal immigration. We have a good
    product. However, several additional provisions need to be
    added to the H.R. 2202 when it comes to the House floor. At
    this time, there are several possible amendments under
    consideration, including amendments to give states the option
    of denying free public education benefits to illegal aliens and
    close the loopholes in current law that allow many illegal
    immigrants to improperly receive free public housing.
        Above all else, this landmark legislation is firmly rooted
    in the rule of law. As a society, we simply cannot allow
    anyone, regardless of motivation, to illegally cross our
    borders or overstay their legal welcome in this country with
    impunity. If enacted, this legislation will represent a major
    step in restoring the confidence of our people in the ability
    of the federal government to respond effectively to this
    crisis.

                                                        Elton Gallegly.
                                ADDITIONAL VIEWS

        We want to explain the reasons for two amendments, adopted
    by voice vote in the Judiciary Committee markup. One kept the
    TWOV fine at the current level. The second defined
    ``stowaway.''
        The effect of the first amendment was to keep the civil
    penalty assessed against airlines for bringing inadmissible
    aliens from contiguous countries, those commonly referred to as
    aliens ``traveling without visa'' (TWOVs), at its current level
    of $3,000. The original bill would have raised the fee to
    $5,000.
        This amendment, which received the strong bipartisan
    support of our colleagues, was offered for several reasons. In
    our view, this is not the time to raise the fine amount.
        First, we believe the airlines have made significant
    compliance efforts, especially considering that the number of
    passengers has risen at the same time as the amount collected
    in fines has dropped. The airlines paid $21.4 million in fines
    in fiscal year 1992, $18.3 million in fiscal year 1993, and
    $13.4 million in fiscal year 1994. The airlines also invest
    much effort each year in training their staffs in proper
    documentation screening.
        Second, the Immigration and Naturalization Service has not
    yet acted on the direction of Congress in 1994 to establish a
    fine mitigation program. We are concerned that this program, as
    required under Section 273(e) of the Immigration and
    Nationality Act, has yet to be established. Therefore, we urge
    the INS to propose as soon as possible a rule establishing a
    fine mitigation program, pursuant to Congressional intent in
    Public Law 103-416.
        Finally, it should be remembered that the airlines already
    pay for the detention of TWOV passengers through a 1986
    agreement, a $6 per ticket user fee. The user fee, which goes
    to the INS, generated $288 million in fiscal year 1994 alone,
    including a surplus of nearly $40 million. Yet the INS
    maintains a policy that forces U.S. air carriers to assume
    custody and financial responsibility for improperly documented
    passengers, contrary to the 1986 accord.
        This current policy continues to be contrary to
    Congressional intent as expressed in H.R. Rept. No. 197, 99th
    Congress, 1st Sess. 38 (1985) and H.R. Rept. No. 669, 99th
    Congress, 2nd Sess 35 (1986), and reconfirmed in Linea Area
    Nacional de Chile v. Meissner, No. 94-6288 (2d Cir., Sept. 11
    1995). We believe such passengers should be detained at Federal
    detention centers by trained law enforcement officers, rather
    than at accommodations paid for by private transportation
    lines. The INS should therefore assume custodial responsibility
    for all such improperly documented aliens, and should pay for
    these detention costs from the Immigration User Fee Account.
    Funds in this account are intended to cover expenses incurred
    in the provision of various INS services, including the
    detention costs of excludable aliens.
        The second amendment defines ``stowaway'' as someone who
    boards a vessel without consent through concealment. This
    definition comports with the ``stowaway'' definition in 18
    U.S.C. 2199. Further, the definition excludes someone who
    boards an aircraft or other vessel with a ticket. In plain
    language, someone boarding with a ticket does not stow himself
    away seeking to obtain transportation without official consent.
    Thus, it would do violence to plain English language to call
    someone a ``stowaway'' who boards a vessel in plain view and by
    normal means.
        In defining the term ``stowaway,'' the language in the bill
    as amended is intended to include those who use normal boarding
    procedures. We are aware of the trend in the airline industry
    toward so-called ``ticketless'' travel. We intend that the term
    ``ticket'' as used in this section of the bill would apply as
    well to those passengers boarding with a boarding pass or other
    indication, including electronic entries, of proper boarding
    authorization in a developing ``ticketless'' environment.
                Sincerely,
                                       Ed Bryant.
                                       Howard Coble.
                                       Fred Heineman.
                                       Steven Schiff.
                                       Martin R. Hoke.
                                       Bob Barr.
                                       Melvin L. Watt.
                                       Steve Chabot.
                                       Sonny Bono.
                      ADDITIONAL VIEWS OF CONGRESSMAN REED

        I voted for H.R. 2202, but did so with certain
    reservations. I believe the United States must take action to
    address the problem of widespread illegal immigration, and H.R.
    2202 takes many important and necessary steps in this regard.
        However, I have serious concerns about the provisions on
    legal immigration, and believe the House should address these
    very different issues in separate legislation. The issue of
    legal immigration should not be considered in the context of
    the emotionally charged debate on illegal immigration.
    Addressing illegal immigration involves criminal laws, border
    enforcement, deportation issues, and workplace enforcement. The
    policy decisions to be made regarding legal immigration are
    completely different.
        I support reasonable restrictions on legal immigration: The
    United States has the right and responsibility to ensure that
    only those who are likely to become productive citizens may
    immigrate to our shores. However, this bill goes too far. For
    example, it arbitrarily denies millions of U.S. citizens who
    have played by the rules and waited in line, in many cases for
    as long as a decade after having paid fees and gotten
    applications approved, the opportunity to sponsor and reunite
    with an overseas family member. The bill also adopts a new
    definition of ``family member'' for immigration purposes which
    excludes brothers and sisters as well as most children over age
    21. Most Americans do not believe that any of their children,
    regardless of how old they are, are distant family members.
    These are but a few of the most troubling legal immigration
    provisions.
        I am also opposed to the cap on refugee admissions, and
    voted to lift the cap, and reform the consultation process.
    Unfortunately, this amendment by Representative Schiff narrowly
    failed on a 16 to 15 vote, with several Members absent. It is
    my hope that this statutory cap will be eliminated when H.R.
    2202 is considered on the House floor. The admission of
    refugees to the United States is intimately connected to our
    foreign policy concerns. We must be able to adjust to swiftly
    changing international conditions. Legislating a cap on refugee
    admissions would send the wrong message to nations that share
    the responsibility for the world's refugees and needlessly
    jeopardize the international system of protection and
    resettlement of those fleeing persecution, torture, and other
    life-threatening situations.
        The current system of consultation between the
    Administration and Congress requires an annual analysis of
    worldwide conditions and provides for emergency situations. It
    is a responsible and flexible system that includes
    Congressional participation in setting annual admissions and
    determining our response to emerging international crises.
        Finally, I would like to commend Subcommittee Chairman
    Lamar Smith and Ranking Member John Bryant for their
    willingness to address these issues. I received assurances from
    Mr. Smith that the House would have the opportunity to address
    the concerns that I have outlined above when the bill is
    considered on the floor. I look forward to working with him to
    make further improvements to this legislation.
                                                             Jack Reed.
           ADDITIONAL VIEWS CONCERNING EMPLOYMENT VERIFICATION SYSTEM

        Amazingly, at a time when many argue that Government is too
    intrusive and bureaucratic and spends too much, Title IV of
    H.R. 2202 proposes a computerized national employment registry
    under the guise of immigration reform. This ``employment
    verification system'' represents a perilous threat to our
    Constitutional rights. By forcing the government to maintain a
    file on every single individual within a covered state and to
    approve every single hiring decision within that state, H.R.
    2202 will truly usher in the era of a ``Big Brother,'' all-
    intrusive federal bureaucracy. Even more ominously, since the
    telephone verification system will inevitably be subject to
    government errors and discrepancies, it may will be a mere
    prelude to a full-fledged national ID card, complete with
    voice, retina and fingerprint identifiers.\1\
        \1\ This is in addition to provision in Title I providing for a
    ``biometric identifier'' (e.g., finger or hand print for aliens
    frequently crossing the Mexican border).
    ---------------------------------------------------------------------------
        Although styled a ``pilot program,'' the registry would
    take place in the five states with the largest illegal alien
    population (i.e., California, Texas, New York, Florida, and
    Illinois) \2\ and cover 92.8 million people.\3\ Businesses in
    these States would understandably desire to see Congress
    quickly impose the verification system on the rest of the
    country, less they be placed at an unfair economic
    disadvantage.
        \2\ U.S. Commission on Immigration Reform, U.S. Immigration Policy:
    Restoring Credibility, September 1994 at 64 [hereinafter Commission
    Report].
        \3\ Cato Institute, Statistical Abstract of the United States.
    (1993 figures).
    ---------------------------------------------------------------------------
        Under the pilot project, no individuals in these States
    will be hired without the express approval of the Federal
    Government. H.R. 2202 requires that all employers in these
    states--from General Motors to households with domestic help--
    report new employees to the Federal Government by a telephone
    1-800 number or through computer E-mail within three days. The
    Federal Government would then check the employee's name and
    social security number through its database. If the Government
    does not verify that the person is authorized to work, the
    worker would have 10 days to try to verify his or her
    eligibility and two weeks in which to appeal the decision
    pursuant to the Federal Tort Claims Act. These procedures would
    apply any time anyone begins a new job, and burdens business
    with an additional layer on top of the current I-9 document
    verification requirements.
        The employee verification system will not be foolproof.
    During hearings on the bill it was conceded that the SSA and
    INS computers do not even have the capacity to read each
    other's data.\4\ A recent study by the INS found a 28 percent
    error rate in the Social Security Administration (SSA)
    database.\5\ This verification requirement therefore creates
    huge possibilities for flawed information being disseminated to
    employers which will deny American citizens and lawful
    permanent residents the opportunity to work. Even if the error
    rate could be substantially reduced, it will still translate
    into millions of postponed or lost job opportunities.
        \4\ See Transcript of Oversight Hearing on Work Site Enforcement of
    Employer Sanctions, Friday, March 3, 1995, U.S. House of
    Representatives, Subcommittee on Immigration and Claims, Committee on
    the Judiciary.
        \5\ Telephone Verification System (TVS) Pilot, Report on the
    Demonstration Pilot-Phase I (1993) (9 company test) [hereinafter TVS
    Pilot Report].
    ---------------------------------------------------------------------------
        The ``verification system'' is no answer to the problem of
    discrimination. In order to avoid the disruptions resulting
    from government errors and discrepancies, employers would most
    likely continue to avoid including individuals whose
    appearance, name, accent or family background make their
    profile appear ``foreign.'' Moreover, as amended, H.R. 2202
    would require that a person alleging discrimination under the
    existing employer sanctions provision show that the employer
    intended to discriminate, a burden of proof that is extremely
    difficult to satisfy.
        And the tester program included in the bill \6\ will not
    redeem a bad program. We doubt the Republican Majority will be
    clamoring to appropriate funds for testers in the present
    budget environment. Even if they did, the program would be able
    to effect only a small fraction of the nation's employers.
        \6\ This requires the Attorney General implement a ``tester''
    program which includes individuals posing as genuine applicants, in
    order to monitor and ensure that the verification system is being
    applied fairly.
    ---------------------------------------------------------------------------
        The verification system proposed in this bill will also
    dangerously increase the Federal Government's ability to
    monitor individuals. Although the legislation purports to limit
    the use of the information maintained in these new files to
    ``employment verification'' purposes only, the system is bound
    to be subject to unauthorized disclosures and leaks. Just as
    supposedly sacrosanct census data were used to identify
    Japanese-Americans for internment during World War II, the
    massive new data base necessitated by the Republican
    immigration bill will prove a tempting target for future
    legislation intent on cracking down on tax cheaters,
    ``deadbeat'' dads, or unpopular dissident groups.
        The U.S. Commission on Immigration Reform estimates the
    cost of design and development of the combined SSA/INS database
    at $4 million over a two year period. \7\ The Commission
    further estimates the annual cost of maintaining and operating
    the verification system at $32 million. \8\ Whatever the cost,
    we believe that the verification system is a poor allocation of
    scarce resources. And the costs to the private sector will be
    many, many times greater, as employers will be forced to incur
    major operational and administrative costs in order to verify
    new employees. \9\ Worst of all, inevitable system errors will
    result in economic injustice to those individuals whose right
    to work will be lost to computer error.
        \7\ Commission Report, supra note 2 at 70.
        \8\ The report also states that correcting errors in the database
    will require the largest financial output. Discrepancies referred to
    the Social Security Administration will cost approximately $122 million
    initially with an annual cost of $30 million. Commission Report, supra
    note 2 at 64.
        \9\ The INS pilot project indicated compliance costs of $5,000 for
    each company, but actual compliance costs would be several times that,
    since the pilot project only checked prospective employees who
    identified themselves as immigrants, not every individual offered a
    job. See TVS Pilot Report, supra note 5.
    ---------------------------------------------------------------------------
        Certainly illegal immigration is a problem. But to adopt a
    system that punishes honest employers and lawful residents and
    citizens in order to deter others from breaking the law is to
    lose all sense of perspective. We urge the Members to oppose
    the employment verification provisions of H.R. 2202.

                                       John Conyers, Jr.
                                       Pat Schroeder.
                                       Zoe Lofgren.
                                       Jerrold Nadler.
                                       Sheila Jackson-Lee.
                                       Melvin L. Watt.
                                       Jose E. Serrano.
                                       Xavier Becerra.
           ADDITIONAL VIEWS CONCERNING INVESTORS PREFERENCE PROGRAMS

        On whichever side of the immigration debate one falls, we
    should all be able to agree that maintaining the Investor's
    Preference Program is unconscionable in a bill otherwise
    reducing the number of legal immigrants in most categories.
    Yet, H.R. 2202 reserves 10,000 spots for anyone who happens to
    be wealthy enough to spend $1 million to start a business in
    the U.S. (or $500,000 under a special pilot program), even
    though only 400 immigrants were admitted through this program
    last year.
        Simply being wealthy should not entitle immigrants to a
    place in line for themselves and their families. By maintaining
    this program, we are sending the message that wealth for the
    sake of wealth is a virtue, regardless of the individual's
    ability or character.
        Proponents of the Investor's Preference Program argue there
    is nothing inappropriate about an immigration policy that gives
    a priority to those who can contribute to this country's
    financial wellbeing. We agree. We believe that typical legal
    immigrants, with their entrepreneurial spirits and work ethic,
    make such contributions. Few come here with a million dollars
    in their pockets, yet many become successful entrepreneurs.
    Some are millionaires today. This is what America is about--
    opportunity, not birthright.
        Not surprisingly, wealthy foreigners have discovered ways
    to exploit the Investor's Preference Program to their
    advantage. In fact, an entire cottage industry has emerged
    where ``investment advisors'' take the money, invest it in what
    they advertise as ``INS approved'' businesses and then
    guarantee residence status AND a return of the investment.
        Suffice it to say there is no due diligence required to
    confirm that the invested funds come from legitimate sources.
    Thus, deposed dictators could raid their countries' treasuries
    and then find themselves at the front of our immigration line.
    Drug cartel kingpins escaping prosecution in their home
    countries could do the same.
        It is worth noting that there is nothing in our current
    immigration policy to prevent a foreign national from starting
    a business here or investing in an existing American venture.
    The fact that America is one of the strongest consumer markets
    in the world provides ample incentive for foreign investment
    here.
        We do not need to bribe foreign investors with an offer of
    permanent residence status, particularly since such status is
    the first step to American citizenship. American citizenship
    simply is not a commodity for sale. Not for a million dollars.
    And not at any other price.
        For these reasons, we dissent from the investor preference
    provisions in H.R. 2202.
                                       John Conyers, Jr.
                                       John Bryant.
                                       Bobby Scott.
                                       Melvin L. Watt.
                                       Jerrold Nadler.
                                       Jose E. Serrano.
                                       Xavier Becerra.
                                       Barney Frank.
            ADDITIONAL VIEWS CONCERNING H-1B TEMPORARY VISA PROGRAM

        We oppose the provisions in Title VIII relating to the H-
    1B, or ``temporary'' visa program for skilled workers. We agree
    with other opponents that the H-1B program displaces American
    workers, drives down wages in certain sectors, creates an
    indentured class of foreign workers, and discourages Americans
    from entering certain fields (most notably, science and
    engineering).
        As Secretary Reich has said:

        We have seen numerous instances in which American
    businesses have brought in foreign skilled workers after having
    laid off skilled American workers, simply because they can get
    the foreign workers more cheaply. The program has become a
    major means of circumventing the costs of paying skilled
    American workers or the costs of training them.\1\
        \1\ Washington Post, October 21, 1995.
        Among other criticisms of the current H-1B program is that it does
    not require any labor market test for availability of qualified
    American workers before seeking H-1B workers, and there is no
    prohibition against laying off American workers and replacing them with
    H-1B foreign workers. Businesses have sprung up for the sole function
    of bringing in H-1B foreign workers and shopping them around to other
    businesses for a fee. Certain companies (see e.g., AIG (American
    International Group), Washington Post, October 21, 1995; Sealand Inc.,
    a division of CSX Corp., Wall Street Journal, October 9, 1995) have
    laid off entire departments to utilize these H-1B job contractors.
    ---------------------------------------------------------------------------
        Moreover, H.R. 2202 would require that only ``depending''
    H-1B employers abide by all Department of Labor H-1B program
    regulations.\2\ Other employers will not be required to obtain
    a ``joint attestation'' from clients stating that they have not
    and will not lay off any U.S. worker doing the same job as the
    contract H-1B employee or that they will pay the H-1B employee
    100% of the mean of the laid-off worker's wage. They will not
    be required to post notices informing U.S. workers of the
    employment of H-1B foreign workers when they move them to new
    job sites.\3\ They will not be required to file a new Labor
    Condition Application when an H-1B employee is moved to work or
    temporarily travels to work in a city not listed on the
    original application, unless the principal place of employment
    changes. They will not be required to pay per diem when
    temporarily sending H-1B foreign workers to other job sites.
    And, they will not be subject to Department of Labor compliance
    investigations unless someone files a complaint with the
    Department against them--i.e., the Department cannot initiate
    such investigations.
        \2\ Section 806(b) of the bill defines a dependent H-1B employer as
    one with less than 21 employees, four or more of whom are H-1B
    nonimmigrant foreign workers; employers with at least 21 but not more
    than 150 employees, 20% of whom are H-1B nonimmigrant foreign workers;
    and, employers with at least 151 employees, 15% of whom are H-1B
    nonimmigrant foreign workers. However, dependent employers who file
    plans with the Department of Labor to reduce their dependency over time
    are treated the same as non-dependent employers.
        \3\ Central to the proper working of the entire H-1B system is the
    provision of notice to U.S. workers that the employer is bringing H-1B
    foreign workers to the job site. If an American worker is unaware of
    the occurrence or the terms and conditions, or subsequently finds the
    employer is not fulfilling the H-1B visa requirements--i.e., paying the
    H-1B foreign worker the prevailing wage--then the American worker would
    know a complaint can be filed with the Department of Labor. Without the
    notice requirement, the predominantly compliant-driven H-1B enforcement
    system collapses.
    ---------------------------------------------------------------------------
        At the same time, the Department of Labor is given only 45
    days to accept or reject ``private source'' wage information.
    We believe the combination of these changes will lead to grave
    mischief and serious harm to American workers. It also would
    result in shifting some compliance burdens from the employers
    who benefit from the H-1B program to the government (i.e., the
    taxpayers).
        Although we understand required that foreign workers be
    paid ``110% of the mean'' laid-off worker's wages rule as one
    meant to be an incentive against laying off U.S. workers, we
    consider it a modest one at best, and--if history is any
    guide--one subject to easy circumvention. In addition, why
    should any employer--at any price--be permitted to lay off
    American workers in order to hire foreign workers with
    impunity?
        Finally, it must not go unnoted that--at the same time
    Congress is cutting the Department of Labor's appropriations--
    this Committee is increasing the Department's workload under
    the H-1B program and imposing serious time constraints in
    accomplishing much of that additional work, but providing no
    additional resources.
        Instead we believe, as Secretary Reich has urged since
    1993, the displacement of American workers through the use of
    the H-1B program must be faced head on. To do this, the H-1B
    program must be returned to its original purpose--to provide
    temporary assistance to domestic businesses to fill short-term
    unique, high-skilled needs. There must be a flat prohibition
    against laying off American workers and replacing them with H-
    1B foreign workers. U.S. employers must be required to take
    timely, specific steps to recruit and retain American workers
    to wean themselves from the use of H-1B foreign workers. The
    length of time for an H-1B ``temporary'' visa must be reduced--
    from the current 6 year maximum to a maximum of three years.
    Further, the existing Department of Labor regulations on the H-
    1B program are salutary to the operation of the program and
    must be maintained for all employers of H-1B foreign workers.
                                       John Conyers, Jr.
                                       Jerrold Nadler.
                                       Howard L. Berman.
                                       Bobby Scott.
                                       John Bryant.
                                        Sheila Jackson-Lee.
                                       Melvin L. Watt.
                                       Jose E. Serrano.
                                       Xavier Becerra.
                                DISSENTING VIEWS

        Although, we support legislation which would more
    effectively prevent illegal immigration, we strongly oppose the
    bill's historically shortsighted and dramatic reductions and
    attacks against legal immigrants, refugees, and asylum seekers.
    The lawful and orderly admission of close family relatives of
    U.S. citizens--their children, spouses, parents, brothers and
    sisters--strengthens American families, upholds family values,
    and benefits the Nation as a whole. If enacted, H.R. 2202 would
    create myriad hardships and inequities for millions of U.S.
    citizens who would be prohibited from reuniting with close
    family members. Moreover, according to the State Department, an
    estimated 2.5 million U.S. citizens who have pending petitions
    to secure visas for close relatives and have waited for years
    for the visa to be issued would have their hopes of reuniting
    their families arbitrarily destroyed by the bill. \1\
        \1\ See infra note 70.
    ---------------------------------------------------------------------------
        H.R. 2202 also makes it virtually impossible for those
    legitimately fleeing persecution to claim political asylum. In
    addition, the bill imposes a cap that will result in a
    reduction of admissions of refugees in fleeing persecution.
    This will close America's doors to many Cubans fleeing Castro,
    Bosnians uprooted by civil war, and Jews, Christians and other
    religious or ethnic minorities seeking safe haven and
    protection.
        Some argue that dramatic cuts in legal immigration and
    protection of refugees are supported by the American people.
    Unlike this bill, however, voters draw a clear distinction
    between illegal and legal immigration.\2\ More than eight out
    of ten voters believe that Congress should settle the problem
    of illegal immigration before worrying about reducing the
    number of legal immigrants.\3\ In addition, by a margin of
    seven to one, voters reject measures which would unfairly
    penalize prospective legal immigrants who are following the
    rules in their efforts to enter the United States.\4\
        \2\ Research by Public Opinion Researcher Dr. Vincent J. Breglio on
    the Public's View of U.S. Immigration Policy (February 27, 1996).
        \3\ Id.
        \4\ Id.
    ---------------------------------------------------------------------------
        The House should enact an immigration bill to address
    legitimate issues and concerns regarding illegal immigration.
    The House should reject the proposed dramatic reductions and
    restrictions in legal immigration, refugee admissions and
    access to political asylum which H.R. 2202 seeks to impose.

      title i. deterrence of illegal immigration through improved border
             enforcement, pilot programs, and interior enforcement

                       Triple tier fence endangers lives

        Section 102, which would mandatorily institute a 14-mile
    three-tier fence along the U.S.-Mexico border in San Diego,
    constitutes a dangerous attempt to micromanage the Immigration
    and Naturalization Service's (INS) authority. The INS already
    uses fencing where the topography, support personnel, and
    technology make it an effective component of its overall
    deterrence strategy; this bill will require fencing where its
    use would be ineffective and even dangerous to INS personnel.
    Douglas Kruhm, Chief of Border Patrol has written that
    installing triple-tier fencing along 14 miles of the San Diego
    sector would:

        [I]ncrease the danger to agents by enclosing them in areas
    without easy escape routes . . . [O]ur experience tells us that
    multiple fencing with intervening roads presents multiple
    dangers for the physical safety of our agents [and] has shown
    that when we travel in a single, predictable line, aliens will
    attack vehicles and agents with rocks.\5\
        \5\ Letter from Douglas Kruhm, Chief, Border Patrol Immigration and
    Naturalization Service, U.S. Department of Justice, to Honorable Henry
    Hyde, Chairman, Committee on the Judiciary, U.S. House of
    Representatives (September 18, 1995).

        Although section 102 authorizes appropriations of $12
    million to build the fencing, the INS estimates that its cost,
    including land purchase, construction, and maintenance, would
    be between $85 and $115 million.\6\ At a time when the United
    States economy is becoming increasingly integrated with the
    economies of other countries, it seems particularly
    inappropriate to erect more fences and walls between ourselves
    and friends, neighbors and trading partners.
        \6\ Letter from Jamie S. Gorelick, Deputy Attorney General, U.S.
    Department of Justice, to Honorable Henry J. Hyde, Chairman, Committee
    on the Judiciary, U.S. House of Representatives (September 15, 1995)
    [hereinafter, House Judiciary Views Letter].
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       title iii. inspection, apprehension, detention, adjudication, and
                 removal of inadmissible and deportable aliens

      I. ``Streamlined'' Deportation Procedures Are Unnecessary and Unfair

        Subtitle A restructures the exclusion and deportation
    provisions of the immigration laws in a manner which strips the
    process of essential due process safeguards. Although the
    purported purpose for many of these changes is to
    ``streamline'' existing procedures and eliminate fraud in the
    system, many of the new procedures will serve only to prevent
    individuals from knowing about, or effectively asserting, their
    rights under U.S. law. It would be far preferable to rely on
    current law, under which increased staffing and enhanced INS
    procedures have resulted in significant gains in expediting
    decisions and reducing backlogs.\7\ Deportations of criminal
    and illegal aliens in 1995 exceeded 51,600, a 15% increase over
    the preceding year, and a 75% increase over 1990.\8\ The
    simplified, new asylum procedures have reduced the incentives
    for false claims and resulted in a drastic reduction in the
    asylum case load (new cases dropped by 57%) and a doubling of
    INS's productivity (completing 126,000 cases during 1995
    compared with 61,000 in 1994).\9\
        \7\ CFR Part 208 (1995). See also John M. Goshko, Revised Political
    Asylum System Shows Promise in Early Stages, The Washington Post, July
    9, 1995, at A16.
        \8\ Immigration and Naturalization Service, INS Ends 1995 with New
    Record in Alien Removals (December 28, 1995).
        \9\ INS News Release, INS Successfully Reforms U.S. Asylum System,
    January 4, 1996 [hereinafter INS News Release].
    ---------------------------------------------------------------------------
        The bill includes several harsh new bans on the ability of
    aliens to seek lawful entry into this country. Sec. 301(c)(A)
    of the bill lengthens the period for which an individual is
    barred from the United States from one to five years in the
    case of an alien who has been turned away upon his or her
    arrival to the United States; and from five to ten years (20
    years in the case of an aggravated felon) in the case of an
    alien who is deported from the United States. Sec. 301(c)(B)
    bans persons who have resided in the United States without
    lawful documentation for a total of 12 months from reentry for
    10 years. These inflexible provisions would cause great
    hardship, not just to new immigrants, but to their American
    families. As Mr. Bryant of Texas, a cosponsor of this
    legislation, argued:

        I think it is a mistake for us to put [the 10-year ban]
    into the law because I think undoubtedly thousands of people
    are going to accidentally be caught by this provision when we
    pass this law and suddenly will be faced with not being able to
    reenter the United States for 10 years . . . I think that
    situation is going to result in a flood of individual cases
    coming before this committee trying to get relief . . . and
    every one of the cases, undoubtedly, every one of the cases,
    are going to be heartrending and tear-jerking and probably
    meritorious and we are going to turn this committee into a
    virtual immigration court for the next several years. I just
    don't think it will work.\10\
        \10\ Judiciary Committee Markup Transcript on H.R. 2202, September
    20, 1995 p. 134.

        Although a few modest exceptions to this punitive provision
    were added during Committee markup,\11\ the 10-year ban on
    reentry will inevitably divide families that have been waiting
    in line for immigrant visas for many years and inflict extreme
    hardship on U.S. citizens and permanent residents who will be
    forced to make the impossible choice of having their family
    divided until a visa is available or leaving the U.S.
    themselves to keep their families together. The Justice
    Department has also asserted that enforcing the 10-year ban
    ``would generate needless and costly litigation.'' \12\
        \11\ The Committee agreed to a number of limited exceptions,
    including not counting toward 12 month unlawful documentation period
    during which an alien is a minor, a bona fide asylum applicant, has
    Family Unity protection, or has work authorization. Similarly an
    amendment offered by Representative Berman authorizes the Attorney
    General to provide a waiver for the 10-year reentry ban ``to assure
    family unity, or when it is otherwise in the public interest'' for the
    spouse, parent or child of either a U.S. citizen or permanent resident.
    And an amendment added by Representative Lofgren provides that waivers
    would be available for certain ``national security interests.''
        \12\ House Judiciary Views Letter, supra note 6 at 17-18.
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        Section 302, providing for the expedited removal of aliens,
    will unfairly result in bona fide asylum seekers being expelled
    to face persecution. Under this section, aliens could be
    removed based merely on the unreviewed judgment of an
    immigration officer and his or her supervisor. Such
    ``expedited'' removal may be ordered if the examining
    immigration officer determines that an alien is inadmissible
    under INA sections 212(a)(6)(C) (fraud or misrepresentation) or
    212(a)(7) (lack of valid documents). The notion that fraudulent
    documents, or the absence of appropriate documents, can be used
    to trigger this procedure virtually guarantees that individuals
    genuinely fleeing persecution and therefore least likely to
    obtain appropriate documents from their persecutors will be
    returned to the persecutors.
        The new substantive standard for determining whether an
    alien may be subjected to expedited exclusion is similarly
    unworkable in the context of initial screening. Under proposed
    section 235(B)(v) of the INA, in order to establish a credible
    fear of persecution, the applicant for asylum would need to
    establish that ``it is more probable than not that the
    statements made by the alien in support of the alien's claim
    are true, and * * * there is a significant possibility, in
    light of such statements * * * that the alien could establish
    eligibility for asylum.'' This is simply too onerous a standard
    for an asylee to meet who has just escaped dangerous
    persecution.
        Current law and procedure strike a far more appropriate
    balance between the need to screen out truly frivolous claims
    and to afford applicants due process. Under current procedures,
    a person who fears persecution may go before an immigration
    judge to prove eligibility for asylum and can seek an
    administrative appeal if the claim is rejected. The asylum
    seeker may be represented at no cost to the government during
    this process.\13\
        \13\ 8 CFR 3.16(b) (1995).
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        Section 304 of H.R. 2202 would eliminate the Attorney
    General's discretionary section 212(c) or ``cancellation of
    removal'' authority if a person is sentenced to five years, in
    the aggregate, for one or more aggravated felony convictions.
    This change would needlessly deprive the Attorney General of
    the discretion to provide relief to an individual who, having
    been convicted, did not serve a single day in prison.

       II. Using Secret Evidence To Deport Aliens Poses a Threat to Due
                                    Process

        Section 321 of the bill would for the first time allow
    aliens (including permanent residents) to be deported based on
    classified evidence submitted on an ex parte basis. An alien
    alleged to be involved in ``terrorism'' would not be permitted
    to receive a summary of the evidence against him or her if the
    5-judge panel finds that his or her presence or the preparation
    of the summary would likely cause serious and irreparable harm
    or injury. Although permanent residents are permitted to have a
    member of a panel of specially approved attorneys review the
    secret evidence, the bill does not permit the permanent
    resident to select his or her own attorney--even from the pre-
    approved panel--or confer with such counsel concerning the
    secret evidence. Section 321 also provides for immediate
    detention without bail and limited one-sided appellate rights
    only for the government. Further, there is no requirement that
    the government disclose any exculpatory evidence to the alien
    or even to the special court.
        This provision is a clear violation of the right to due
    process as guaranteed by the Fifth and Fourteenth
    Amendments.\14\ The cardinal rule of due process is that
    evidence used against a party must be fully disclosed to that
    party. The Supreme Court and lower courts have consistently
    held that aliens who have entered the United States gain the
    full protections of the Constitution's due process clause, and
    cannot be deported on the basis of evidence not disclosed to
    them.\15\ In the 1976 case of Matthews v. Diaz, the Court
    wrote:
        \14\ Provisions limiting an alien's right to select an attorney and
    denying the attorney the ability to discuss the evidence with his or
    her client also raise serious ethical and lawyer-client privilege
    issues. It has also been noted that the section is inconsistent with
    U.S. treaty obligations pertaining to due process protections and
    freedom of association under the International Covenant on Civil and
    Political Rights. See Letter from Lawyers Committee for Human Rights to
    Subcomm. on Crime, Committee on the Judiciary, U.S. House of
    Representatives (May 12, 1995).
        \15\ See Kwong Hai Chew v. Colding, 344 U.S. 590 (1953) (INS could
    not subject returning permanent resident alien to ``summary exclusion''
    based on secret evidence); Rafeedie v. INS, 795 F. Supp. 13 (D.D.C.
    1992) (INS attempt to expel a permanent resident alien on the basis of
    undisclosed classified information held to be unconstitutional).

        There are literally millions of aliens within the
    jurisdiction of the United States. The Fifth Amendment as well
    as the Fourteenth Amendment, protects every one of these
    persons from deprivations of life, liberty, or property without
    due process of law. Even one whose presence in this country is
    unlawful, involuntary, or transitory is entitled to that
    constitutional protection.\16\
        \16\ Matthews v. Diaz, 426 U.S. 67, 77 (1976).

        In American-Arab Anti-Discrimination Committee v. Reno,\17\
    the Ninth Circuit recently reaffirmed this principle when it
    found that ``[a]liens who reside in this country are entitled
    to full due process protections'' and noted that ``the very
    foundation of the adversary process assumes the use of
    undisclosed information will violate due process. * * *'' \18\
    The Court acknowledged that while ``not all of the rights of
    criminal defendants are applicable in the civil context, the
    procedural due process notice and hearing requirements have
    `ancient roots' in the rights to confrontation and cross-
    examination'' and should be fully provided for in deportation
    proceedings.\19\
        \17\ 70 F.3d 1045 (9th Cir. 1995).
        \18\ Id. at 1067.
        \19\ Id. at 1066.
        Although we have previously allowed the use of secret evidence to
    exclude aliens who have not yet entered this country, our experience
    with such procedures highlights the dangers present in denying any
    party due process. In the infamous case U.S. ex rel. Knauff v.
    Shaughnessy, 338 U.S. 537 (1950), secret evidence was used to exclude
    from the United States the German wife of a U.S. citizen who had fled
    to England when Hitler came to power. In his dissenting opinion,
    Justice Jackson argued, ``[t]he plea that evidence of guilt must be
    secret is abhorrent to free men, because it provides a cloak for the
    malevolent, the misinformed, the meddlesome, and the corrupt to play
    the role of informer undetected and uncorrected.'' In a subsequent
    hearing necessitated by public outrage over the denial of Mrs. Knauff's
    visa it was learned that the ``confidential source'' offering the
    secret evidence was a jilted lover. When the INS sought to use secret
    evidence to expel an alien several years ago, the D.C. Circuit likened
    the alien's position to that of ``Joseph K. in The Trial,'' finding
    that ``[i]t is difficult to imagine how even someone innocent of all
    wrongdoing could meet such a burden.'' Rafeedie v. INS, 880 F.2d 506,
    516 (D.C. Cir. 1989).
    ---------------------------------------------------------------------------

       III. Excluding Individuals Based on Mere Membership in Designated
           Organizations Threatens Freedom of Speech and Association

        We also object to section 331 of the bill which specifies
    that membership in any organization designated as ``terrorist''
    constitutes grounds for deporting or excluding an alien from
    the United States, regardless of whether or not the individual
    has engaged in or supported any unlawful acts.\20\ This
    provision would resurrect the infamous McCarran-Walter Act,\21\
    which was repealed by Congress in 1990 after it was held to be
    unconstitutional as applied to several aliens.\22\
        \20\ Under current law, a person who has engaged in terrorism, or
    about whom a consular officer or the Attorney General has a reasonable
    ground to believe is likely to engage in any terrorism, is already
    excludable from the United States. See 8 U.S.C. Sec. 1182(a)(3)(B)(i).
        \21\ The McCarran-Walter Act allowed, among other things, for the
    deportation of aliens who ``advocate the economic, international and
    governmental doctrines of world communism or the establishment in the
    United States of a totalitarian dictatorship, or who are members of or
    affiliated with any organization'' that so advocates. 8 U.S.C.
    1251(a)(6)(D) & (H) (1988). That law, which applied to aliens who were
    members of the communist party or advocated communist doctrine, was
    used to exclude Pierre Trudeau, the former Prime Minister of Canada,
    French actor Yves Montand, British author Grapham Greene, and Columbian
    Nobel laureate Gabriel Garcia Marquez. See Counter Terrorism
    Legislation, Hearing before the Subcomm. on Terrorism, Technology, and
    Government Information of the Senate Comm. on the Judiciary, 104th
    Cong., 1st Sess. 21 (May 4, 1995) (statement of Professor David Cole).
        \22\ See Immigration Act of 1990, Pub. L. No. 101-649 (repealing
    McCarran-Walter Act); Rafeedie v. INS, 795 F. Supp. 13, 22-23 (D.D.C.
    1992); American-Arab Anti-Discrimination Comm. v. Meese, 714 F. Supp.
    1060 (C.D. Cal. 1989), vacated, American-Arab Anti-Discrimination Comm.
    v. Thornburgh, 970 F.2d 501 (9th Cir. 1991) (holding the McCarran-
    Walter Act to be unconstitutional as applied).
    ---------------------------------------------------------------------------
        The fact that aliens in this country are entitled to full
    First Amedment rights was also forcefully reafirmed in
    American-Arab Anti-Discrimination Committee v. Reno.\23\ The
    Ninth Circuit found that the proposed deportation of seven
    Palestinians and a Kenyan for their alleged ties to the Popular
    Front for the Liberation of Palestine was inconsistent with
    First Amendment freedom of association protections, holding
    that ``the values underlying the First Amendment require the
    full applicability of First Amendment rights to the deportation
    setting.''\24\
        \23\ 70 F.3d 1045 (9th Cir. 1995).
        \24\ Id. at 1063. A Washington Post editorial emphasized the
    fundamental fairness of the American-Arab Anti-Discrimination Comm.
    decision:
        ``[T]he bottom line from the appellate court is this: Aliens
    present in the United States have the same right to political speech
    and association as citizens. Aliens cannot be singled out for
    deportation because they exercise those rights. * * * These clear and
    principled determinations are on firm constitutional ground.
        Aliens and Speech, Wash. Post, Nov. 13, 1995 at A20.
    ---------------------------------------------------------------------------

    IV. Waiver of Exclusion and Deportation for Certain 274C Violations Too
     Narrow To Ensure Against Extreme Hardship on Families of Citizens and
                           Lawful Permanent Residents

        The Committee agreed to authorize the Attorney General to
    waive exclusion or deportation for an alien who is already a
    lawful permanent resident and who has temporarily proceeded
    abroad and has committed document fraud on behalf of a spouse,
    parent, or son or daughter.\25\ Although this waiver improves
    current law and is a welcome addition to the bill, we believe
    that it should be expanded to ensure that the law does not
    impose extreme hardship on families of any alien who commits a
    274C violation. An alien who is the spouse, parent, son or
    daughter of a United States citizen or lawful permanent
    resident whould not be excluded or deported for committing a
    274C violation if the refusal of admission would result in
    extreme hardship to the citizen or lawful permanent resident
    family member. The Attorney General should at least be granted
    this limited amount of discretion when considering the
    permanent separation of close familes.
        \25\ H.R. 2202 Sec. 362 (1995). Under current law, section 274C of
    the INA, at 8 U.S.C. 1324c prohibits the use or creation of a
    fraudulent document for immigration purposes. Violation of this
    provision would subject an alien to both a civil penalty as well as
    exclusion under section 212(a)(6)(F) of the INA, at 8 U.S.C. 1182
    (a)(6)(F)) or deportation under section 241(a)(3)(C) of the INA, at 8
    U.S.C. 1251 (a)(3)(C)).
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            TITLE IV. Enforcement of Restrictions Against Employment

        A wide range of views exists regarding whether and to what
    extent the proposed new worker verification ``pilot project''
    established under Section 403 represents sound public policy.
    There is no disagreement among us, however, on two key points:
    (i) if a verification system is ultimately adopted, protections
    should be afforded innocent employers and workers who might be
    adversely affected by inaccurate information; and (ii)
    regardless of whether it is adopted, the INS and Department of
    Labor must be granted enhanced authority to penalize
    unscrupulous employers who consistenly hire undocumented aliens
    and exploit them in near ``slave-labor'' conditions.

         I. Protecting the rights of employees and employers under the
                              verification system

        In recognition of the potential liability that innocent
    employers may face by dismissing or refusing to hire job
    applicants due to errors in government databases or in the
    operation of the verification pilot program, the Committee
    adopted an amendment protecting from liability those employers
    who, in ``good faith,'' rely on the verification confirmation
    mechanism. It is important to note, in this context, that the
    amendment should not be interpreted to prevent dismissed
    employees or unsuccessful job applicants from challenging
    employers who had other, unlawful motivations to dismiss or
    refuse to hire such employees and applicants. The intent is
    carefully limited to protect employers only under circumstances
    in which the relevant hiring decision is triggered solely by
    inaccurate information provided by the confirmation mechanism.
        Equally important in this regard is an amendment offered by
    Representative Frank (and approved by the Committee by voice
    vote) protecting innocent employees from errors arising from
    the verification mechanism, by allowing them to seek
    compensation under the Federal Tort Claims Act (FTCA).\26\
    Because the verification process would (like employer
    sanctions) be administered at the time of hire, all authorized
    workers who may be adversely affected by errors in the pilot
    verification system will be afforded redress through at least
    one of several existing mechanisms. For example, any employee
    who is hired, if even for a few hours, and who is subsequently
    dismissed because of inaccurate information provided by the
    confirmation mechanism will automatically be entitled to
    compensation under the FTCA. In this connection, we note that
    the amendment's wording ``shall be entitled to compensation''
    indicates that the employee in such circumstances need only to
    demonstrate, based on a preponderance of evidence, that the
    dismissal was attributable to an error in the confirmation
    mechanism. No proof of negligence is required and none of the
    existing exemptions from liability in the FTCA (including for
    harm flowing from policy decisions or claims arising from
    ``misrepresentation, deceit, or interference with contract
    rights'') are applicable to this new form of redress.
        \26\ 28 U.S.C. Sec. Sec. 2671-2680.
    ---------------------------------------------------------------------------
        To the extent that employers verify prospective employees
    selectively, or apply the results of information differently
    based, for example, on national origin or citizenship status,
    such employers would be liable for discrimination claims
    brought by the affected job applicants. In such cases job
    applicants have several avenues to pursue redress. First,
    selective application of verification procedures is already
    prohibited under INA Sec. 274B (``Unfair Immigration-Related
    Employment Practices''). Second, such actions may also be
    prohibited (depending on the specific circumstances), under
    Title VII of the Civil Rights Act and/or under 42 U.S.C.
    Sec. 1981, both of which address employment discrimination
    claims based on race and national origin. In this respect, we
    note that the ``good faith'' immunity provision does not
    protect employers who abuse the verification system by applying
    it in ways not required by the law.
        The Committee also tried to strike a careful balance
    between protecting the rights of the employer and the rights of
    the employee in certain unusual circumstances arising from the
    temporary or time-limited nature of employment authorization
    documents possessed by certain individuals, or cases in which
    employers have reason to believe that individuals presenting
    what appear to be genuine documents are nonetheless
    unauthorized to work. At issue is the existing provision of INA
    Sec. 274A, which prohibits employers who have been provided
    documents which on their face appear genuine from requiring the
    production of a specific document or additional documents.\27\
    The Frank amendment addresses two specific circumstances in
    which it may be permissible for employers to request additional
    documents from individuals. It permits employers to request
    from an employee who previously submitted a time-limited
    employment authorization document an additional document
    demonstrating continuing employment eligibility. In addition,
    if an employer has a reasonable basis to believe that an
    individual who presents a document which appears on its face to
    genuine is in fact unauthorized to work, the bill only permits
    such employer to: (1) inform the individual of his intention to
    verify the validity of the document; and (2) dismiss the
    individual upon receiving confirmation that the individual is
    authorized to work.
        \27\ Adopted as part of the Immigration Act of 1990, this provision
    is designed to prevent adverse impact on authorized workers who have
    been required by employers to produce additional documents, even after
    presenting legitimate documents demonstrating employment authorization.
    Some employers, apparently fearing the consequences of requiring such
    employees to produce additional or subsequent documents, have requested
    a clarification of what is and what is not permitted in such
    circumstances.
    ---------------------------------------------------------------------------
        Nothing in the legislation, however, prohibits the
    individual from offering alternative documents which
    demonstrate employment authorization. In addition, while
    verification is pending, the employer may not delay the hiring
    of, refuse to hire, or dismiss, or take any adverse employment-
    related action incident to the hiring against the individual,
    unless such action is wholly unrelated to the eligibility
    issue. In this context, nothing in the bill can or should be
    read to permit any action related to the document verification
    process in general, or to the request for additional documents
    or additional verification of documents presented in
    particular, that is a mere pretext for unlawful discrimination.

     II. The legislation fails to recognize that labor law enforcement is
                    vital to employer sanctions enforcement

        The opportunity for employment is the single most important
    and pervasive incentive for illegal immigration. There are
    industries which rely upon and, more often than not, exploit
    the work of undocumented workers. H.R. 2202 fails to recognize
    the important role played by the Department of Labor in helping
    combat illegal immigration by complementing enforcement of
    employer sanctions. The bill would authorize only 150
    additional staff positions for the Wage and Hour Division to
    investigate violations of wage and hour laws in areas where
    there are high concentrations of undocumented workers,\28\ a
    substantially weaker commitment to worksite enforcement than
    the President's FY96 budget request calling for (202 additional
    positions).\29\ Even this weak provision is meaningless, since
    the Republican Majority has previously voted to cut funding for
    DOL Wage and Hour Division.\30\ In this sense the bill lacks
    teeth by refusing to allow the Administration to complete its
    comprehensive anti-illegal immigration strategy which has thus
    far been highly successful at the border.\31\
        \28\ H.R. 2202, Sec. 102 (2).
        \29\ House Judiciary Views Letter, supra note 6. See also Worksite
    Enforcement of Employer Sanctions: Hearing Before the Subcom. on
    Immigration and Claims, 104th Cong., 1st Sess. (1995) (statement of
    Maria Echaveste, Administrator, Wage and Hour Division, U.S. Department
    of Labor) [hereinafter Statement of Maria Echaveste].
        \30\ 141 Cong. Rec. H3281-H3303 (daily ed. March 16, 1995). See
    also Statement of Maria Echaveste supra note 29.
        \31\ ``A Good Border Year: 1995 was a Year of Progress and
    Innovation'', San Diego Union-Tribune, December 29, 1995. See also
    ``Encouraging Progress on Deportations: Statistics Support the Steady,
    Measured Approach of the INS,'' Los Angeles Times, January 12, 1996.
    ---------------------------------------------------------------------------
        The Committee rejected, by a party line vote, an important
    amendment offered by Representative Berman which would have
    authorized funding the new Wage and Hour inspectors, given the
    Secretary of Labor authority to issue subpoenas and collect
    evidence against violating employers and doubled the penalties
    for employers found to have violated both labor standards and
    immigration laws. This would assist the INS and Department of
    Labor in uncovering horrible situations like the incarceration
    and enslavement of Thai immigrants in El Monte, California by
    garment manufacturers,\32\ and crack down on employers who
    treat the penalties available under current law as a mere cost
    of doing business.\33\ In rejecting Representative Berman's
    amendment, the Majority signals an unwillingness to enforce the
    law. Minor and sporadic sanctions will never be sufficient to
    overcome the economic and competitive advantages that
    unscrupulous employers may achieve by hiring and exploiting
    illegal immigrants, thereby undercutting competitors who
    provide fair wages and working conditions.
        \32\ Editorial, Slavery's Long Gone? Don't Bet on it, L.A. Times,
    August 4, 1995, at B8. (Thais paid $1.60 an hour and found confined in
    illegal garment factory in El Monte). See also George White, Workers
    held in Near-Slavery, Officials Say, L.A. Times, August 3, 1995, at A1.
        \33\ Id.
    ---------------------------------------------------------------------------

                  title v. reform of legal immigration system

        Under the bill, legal immigration would be reduced from
    800,000 admissions to a nominal 535,000 immigrants a (thirty
    percent reduction).\34\ In addition, the bill includes a whole
    host of new procedural rules which would push the numbers far
    below the 535,000 cap.\35\ Moreover, after a short transition
    period, through category elimination or new restrictions, U.S.
    citizens will be virtually unable to sponsor their mother,
    father, brother, sister or adult child for immigration. The
    bill sets up a false dichotomy between the ``nuclear family''
    of permanent residents on the immigration waiting lists and the
    relatives of U.S. citizens. Title V's reductions in the number
    of legal immigrants and in access to legal immigration reflect
    a fundamental misunderstanding of the character and benefits of
    America's historic commitment to legal immigration, family
    reunification and protection of refugees.
        \34\ See CRS Report for Congress, Immigration: Analysis of Major
    Proposals to Revise Family and Employment Admissions, February 14,
    1996.
        \35\ See discussion, infra.
    ---------------------------------------------------------------------------
        Title V's premise is that legal immigration and refugee
    admissions are higher than ever, and create problems and costs
    rather than benefits and opportunities. This is a false and
    distorted understanding, belied by numerous government and
    private sector studies and the reality of how today's
    immigrants are revitalizing communities across the country.
    Last year's legal immigrant and refugee admissions roughly
    equaled the level of immigration in the early 1900's, but as a
    proportion of the population, today's admissions are about one
    third the level of that time period.\36\
        \36\ Current Population Reports (1994 March Supplement), U.S.
    Bureau of Census. On an annual basis, total legal immigration
    constitutes only three immigrants for every 1,000 Americans, and
    immigrants comprise only 8.7% of the U.S. population.
    ---------------------------------------------------------------------------
        According to both conservative and liberal analysts, from
    organizations such as the CATO Institute, the Urban Institute
    and the Councils of Economic Advisors of Presidents Reagan and
    Bush, immigrants pay much more in taxes than the cost of
    services to them (although most taxes are paid to the Federal
    Government and most services, especially education and health
    care, are provided by local governments).\37\ Indeed, the Urban
    Institute concluded in 1994 after reviewing all relevant
    studies that immigrants pay $25-30 billion annually more in
    total taxes than the total cost of services.\38\ A 1990 survey
    of leading U.S. economists, including seven Nobel laureates,
    found that 80% believed immigration has had a ``very favorable
    impact'' on economic growth.\39\ The Department of Labor and
    the AFL-CIO have also concluded that in the aggregate
    immigrants stimulate the economy.\40\ Moreover, a 1990 study
    found that there is no correlation between the levels of
    immigration and unemployment either in states or on the
    national level.\41\
        \37\ Julian N. Simon, Immigration: The Demographic and Economic
    Facts published by CATO Institute and the National Immigration Forum.
        \38\ Fix, Michael and Jeffery Passel, Setting the Record Straight:
    Immigration and Immigrants (Urban Institute Press: 1994) (Washington,
    D.C.) [hereinafter Setting the Record].
        \39\ Survey of Economists, conducted by the Alexis de Tocqueville
    Institution cited in An Analysis of H.R. 2202: The Immigration in the
    National Interest Act of 1995 by Stuart Anderson, (September 1995) at
    p. 12 [hereinafter Anderson Analysis]. See also Stuart Anderson,
    Employment Based Immigration and High Technology February 1996
        \40\ See, Press Release--United States Department of Labor, July
    11, 1989. See also Resolutions 59-61, AFL-CIO 1995 Resolution Book One,
    October 23-26, 1995.
        \41\ Richard Vedder, Lowell Gallaway, and Stephen Moore,
    Immigration and Unemployment: New Evidence, Alexis de Tocqueville
    Institution, July 1994.
    ---------------------------------------------------------------------------
        Perhaps more important than the economic contributions are
    the familial, social and political contributions of immigrants.
    Legal immigrants, refugees and persons granted asylum are ``new
    Americans'' who do not threaten, but rather strengthen the
    great American experiment in freedom and democratic pluralism.
    Immigrants have died defending American interests in foreign
    wars and have made discoveries which have strengthened our
    military capacity. Immigrants who have fled tyranny and
    oppression deeply appreciate the freedom which America offers,
    and their work and perspective serves to enhance the American
    commitment to freedom and democracy.

    I. Dramatically reduces family-sponsored immigration and punishes those
              who have waited to lawfully enter the United States

        As noted above after a short transition period, the bill
    would make it virtually impossible for U.S. citizens to sponsor
    their mother, father, brother, sister, or adult child for
    immigration. In addition, the bill would set an annual cap on
    family immigration of 330,000--more than one-third below
    current levels. This arbitrary cap is inadequate to meet the
    needs of U.S. citizen families and would create immediate
    backlogs for spouses and minor children of lawful permanent
    residents as well as parents of U.S. citizens. We also object
    to the bill's arbitrary reduction to 85,000 in the number of
    visas granted to spouses and minor children of lawful permanent
    residents. \42\ Immigration by spouses and minor children of
    lawful permanent residents is currently set at approximately
    98,000 per year, \43\ a number that does not meet current
    demand and is already creating massive backlogs.
        \42\ H.R. 2202, Sec. 512(a)(1).
        \43\ Immigration and Naturalization Factbook Summary of Recent
    Immigration Data, August 1995, at p. 8 [hereinafter Factbook].
    ---------------------------------------------------------------------------
        We object to the arbitrary exclusion of parents from the
    immediate relative category, thereby subjecting them to a
    45,000 cap and a 25,000 floor. \44\ There is no justification
    for limiting immigration by parents who may be the main source
    of childcare and other familial support for working families.
    \45\ The 25,000 visa limit would mean that 50% of U.S. citizen
    sponsors who wish to reunite with their parents would be
    prevented from doing so a massive new blacklog would be
    created. While we agree that spouses and minor children should
    receive priority, we see no rationale for this arbitrary limit
    on parents of U.S. citizens.
        \44\ H.R. 2202, Sec. 512(a)(2)(A).
        \45\ Parent immigration currently numbers approximately 56,000 per
    year. As the number of spouses and children of citizens increase, the
    number of visas available for spouses and children of permanent
    residents decrease. Since that category is guaranteed of minimum of
    85,000, the residuum that is left for parents of United States citizens
    decreases. Thus the overall family cap, combined with projected need,
    means that immigration by parents under H.R. 2202's would immediately
    meet the 25,000 floor set by the bill. The cap of 45,000 would be
    meaningless, as other superseding categories would prevent this number
    from being reached. See Factbook supra, note 43 at 13.
    ---------------------------------------------------------------------------
        In addition, Section 512(b)'s requirement that parents of
    citizens procure health insurance before they can obtain a visa
    represents a nearly insurmountable obstacle to their
    immigration. The Administration estimates that even where it
    may be possible to purchase the required health insurance for
    an elderly parent, it would cost an average of $9,000 or more a
    year, prohibitively high for most American families. \46\ We
    are also concerned that insurers may not agree to offer health
    insurance for immigrating parents at any cost. \47\
        \46\ Letter from Jamie Gorelick, Deputy Attorney General, U.S.
    Department of Justice, to Orrin G. Hatch, Chairman, Committee on the
    Judiciary, U.S. Senate (February 14, 1996).
        \47\ Id.
    ---------------------------------------------------------------------------
        H.R. 2202 also unfairly eliminates immigration by married
    adult children of U.S. citizens, siblings of U.S. citizens, and
    most unmarried adult children of both citizens and residents.
    It is disturbing to think that government policy would keep
    American parents and their children apart simply because a
    child is older than 21 years of age. Of all immigrants,
    children on the brink of entering the workforce are exactly the
    type of new Americans this country needs, they will be here in
    their most productive years and they will be here to care for
    their parents in their golden years. \48\
        \48\ Representative Smith's amendment allowing immigration by
    certain adult sons and daughters of U.S. citizens and lawful permanent
    residents is so narrow as to be virtually meaningless. We see no logic
    in barring all adult children who are over age 25 and imposing a
    requirement that the son/daughter has ``never been married'' is
    absolutely unjustified. This requirement would bar a 21-year-old
    daughter whose husband has died and who remains dependent on the family
    for emotional and physical support, especially in a time of grief and
    transition. Similarly, this requirement would bar a daughter who has
    fled from an abusive situation and sought a divorce in order to save
    her own life. And imposing a requirement that the son or daughter be
    childless serves only to harm innocent dependents who might at that
    point be in dire need of the support that grandparents can provide.
    ---------------------------------------------------------------------------
        We also find little rationale for eliminating immigration
    by siblings of U.S. citizens.\49\ Brothers and sisters help to
    reinforce the family unit. They contribute to the economic and
    emotional strength of a family in many ways, such as pooling
    money to open businesses and sharing in the care of parents of
    each other's children.\50\
        \49\ At a minimum, this category should be maintained at least
    until those who have been waiting lawfully in line with approved
    petitions are allowed to immigrate to the United States.
        \50\ Immigration by brothers and sisters of U.S. citizens currently
    numbers approximately 65,000, while adult unmarried sons and daughters
    number only approximately 46,000 per year. Moreover, immigration by
    married sons and daughters of U.S. citizens are limited to 23,400.
    These are modest numbers and should be maintained.
    ---------------------------------------------------------------------------

                       II. Unjustifiable cap on refugees

        We strongly object to the bill limiting admissions of
    refugees to 50,000 per year--reducing current admissions by
    approximately half.\51\ Such a cap would undermine our efforts
    to encourage the international community to be more forthcoming
    on refugee resettlement and send the wrong signal to those
    governments who may question our commitment to promoting human
    rights around the world. Given the political and economic
    instability in almost every region of the world, it is
    imperative that the United States maintain its current flexible
    admissions policy for domestic resettlement that allows for
    expansion and contraction of numbers in response to changing
    conditions.
        \51\ H.R. 2202 Sec. 521(a)(2)(A). In FY 1995, 98,000 refugees were
    admitted, and in FY 1996 90 slots have been set aside. See CRS Report:
    Immigration, Public Policy Institute, Ruth Wassen, Joyce Vialet,
    William Krouse, January 17, 1996.
    ---------------------------------------------------------------------------
        A cap on refugee admissions would represent an historic
    shift in the country's commitment to protecting people
    worldwide who have been persecuted or fear persecution because
    of their race, religion, nationality, political opinion, or
    membership in a particular group. Current law provides an
    orderly but flexible process in which the Administration can,
    in consultation with Congress, set the number of annual refugee
    admissions at a level that accounts for both the global
    situation and our international commitments.\52\ Congress
    maintains the final say over refugee admissions through the
    appropriations process, even as the President has the authority
    to provide additional slots if justified by ``urgent
    humanitarian concerns or are otherwise in the national
    interest.'' H.R. 2202 would take the dramatic step of requiring
    a full-fledged act of Congress to allow any additional refugees
    to meet compelling humanitarian needs.
        \52\ 8 U.S.C. 1157 Sec. 207.
    ---------------------------------------------------------------------------
        H.R. 2202's proposed policy shift could not come at a more
    inappropriate time. The United Nations High Commissioner for
    Refugees has estimated that since 1992 the number of refugees
    worldwide has risen to 20 million.\53\ The consequences of a
    refugee cap are neither abstract nor theoretical: it would
    require dramatic reductions not only in the number of former
    Soviet Jews, Evangelical Christians, and Ukrainian Catholics
    admitted as refugees, but also in the number of Vietnamese,
    Bosnian and Cuban admissions. By forcing the government to
    choose among equally worthy groups, the cap would politicize
    refugee admissions and endanger the lives of thousands of
    people worldwide.\54\ For example, we expect to admit 40,000
    Jewish refugees from the former Soviet Union over the next
    several years, but we are also committed to accepting between
    7,000 to 14,000 Cubans as part of our agreement with Cuba. Just
    these two programs could exceed the 50,000 cap.\55\
        \53\ Letter from Reno von Rooyen, Representative of the United
    Nations High Commissioner for Refugees, to Hon. Henry J. Hyde,
    Chairman, Committee on the Judiciary, U.S. House of Representatives
    (October 25, 1995).
        \54\ The refugee cap is in direct conflict with the will of the
    House of Representatives. On May 28, 1995, the House adopted an
    amendment to H.R. 1561 that questions the potential forced repatriation
    of Vietnamese asylum seekers held in detention throughout Southeast
    Asia. It also foresaw the potential resettlement of these Vietnamese,
    which would put additional pressures on the U.S. refugee admissions
    program just as a refugee cap of 50,000 is enacted. The amendment,
    sponsored by Representative Chris Smith, requires the United States to
    offer as many as 40,000 of these people the opportunity to resettle
    here or in other free countries would be impossible to implement under
    a ``hard cap'' of 50,000 refugees per year.
        \55\ Anderson Analysis, supra, note 39, p. 26.
    ---------------------------------------------------------------------------
        An amendment was made by Chairman Hyde to permit the annual
    50,000 cap to be exceeded in the event of an ``emergency'' at
    some time after the annual consultation with Congress on
    refugee numbers. It is unlikely, however, that the cap would be
    pierced. Once the State Department has squeezed the numbers
    down to 50,000 for a given year, by shutting down or reducing
    ongoing programs it is most unlikely to reverse itself by
    raising the numbers and re-establishing these same programs in
    mid-year no matter how compelling the circumstances.

     III. Severely limits attorney general's humanitarian parole authority

        We oppose the bill's sweeping new restrictions on the
    Attorney General's parole authority. Section 524 of the bill
    states that the Attorney General may parole aliens on a case by
    case basis only for urgent humanitarian reasons or for a reason
    deemed strictly in the public interest. We believe that there
    is no rationale for this legislative change. The current law
    provides the Attorney General with appropriate flexibility to
    deal with compelling immigration situations.\56\ For example,
    the amendment would not permit the parole of an alien to attend
    the funeral of a close family member or of a parent to
    accompany a child paroled into the United States for an organ
    transplant.\57\ In light of the proposed refugee cap, this
    provision unwisely ties the Administration's hand in an area
    where flexibility is always needed to deal with unforeseen
    emergency migration circumstances.
        \56\ 8 U.S.C. Sec. 1157.
        \57\ Letter from Jamie S. Gorelick, Deputy Attorney General, U.S.
    Department of Justice, to Henry J. Hyde, Chairman, Committee on the
    Judiciary, U.S. House of Representatives (September 15, 1995) at 4.
    ---------------------------------------------------------------------------

              IV. Asylum procedures contravene international norms

        Section 531 represents an unnecessary and dangerous effort
    to reform the system by which asylum is granted to persons who
    have a well-founded fear of persecution and need protection in
    the United States. As a result of the regulatory changes
    adopted in January of 1995,\58\ and the increases in
    appropriations provided under the 1994 Crime Bill, the asylum
    process has been improved substantially.\59\ Additional asylum
    officers and the increases in the immigration judge corps have
    allowed us to gain control over the potential fraud in asylum
    applications and increase our effectiveness in completing cases
    within 180 days of application. New asylum claims filed with
    the INS since the reforms have decreased by 57 percent, from
    123,000 in 1994 to 53,000 in 1995.\60\ And the asylum process
    was able to process more than 126,000 cases as compared to only
    61,000 cases in the previous year.\61\ Eighty-four percent of
    cases are now heard within 60 days of applications,\62\
    ensuring that applicants obtain access to a speedy procedure.
    At the same time, the INS has redirected their sources to focus
    on fraud investigations concerning asylum, and several cases
    have resulted in convictions.\63\ Yet, in the face of these
    positive developments, H.R. 2202 unnecessarily imposes time
    limits on applications and restricts the Attorney General's
    discretionary authority to withhold deportation.
        \58\ 59 Fed. Reg. 62284-62303 (1994) (amending 8. C.F.R. Sec. 228
    effective January 4, 1995).
        \59\ See Celia W. Dugger, Immigration Bills' Deadlines May Imperil
    Asylum Seekers, N.Y. Times, February 12, 1996, at B1.
        \60\ INS News Release supra note 9.
        \61\ Id.
        \62\ Id.
        \63\ William Branigan, INS Chief Highlights Reform in Political
    Asylum System: Year-Long Campaign Slashes New Claims by 57 Percent,
    Wash. Post, January 5, 1996, at A2.
    ---------------------------------------------------------------------------
        The 30-day time limit for filing asylum applications set
    forth in Section 531 will create a complex layer of
    adjudication and divert resources from resolving the merits of
    the asylum applications.\64\ The 30-day time limit will also
    result in increased applications which have not been carefully
    prepared, since asylum seekers will be forced to submit by the
    deadline or be categorically denied. Most meritorious
    applicants rarely make their first contact with human rights
    organizations, much less find legal assistance for the
    preparation of their applications, within such a short time
    period.\65\
        \64\ Since the bill rightfully does not apply a 30 day limit to
    withholding of deportation, the Attorney General will have to decide
    the merits of a refugee's claim regardless of the timeliness of the
    application. Also, while the Committee correctly amended the bill to
    incorporate a waiver of the 30 day time limit where there has been a
    change of in any circumstances, the INS will now not only have to
    divert resources to adjudicate the timeliness of the application, but
    to adjudicate the waivers available for changed personal circumstances
    as well as country conditions.
        \65\ Since many asylum seekers flee their home countries with few
    resources, many persons cannot afford private attorneys and have to
    rely on church groups, charitable organizations and other low cost
    legal service providers. See David Cole, Making Time for Freedom
    Thirty-Day Deadline for Political Asylum Requests Defies Reality, Legal
    Times, December 4, 1995, at 20.
    ---------------------------------------------------------------------------
        The requirement that asylum applications be filed within 30
    days also violates U.S. international obligations. Article 33
    of the 1967 Protocol regarding the Status of Refugees binds
    signatories to the duty of not returning any refugee who could
    face a threat to his or her life or liberty in the country of
    reared persecution, regardless of when the person makes known
    the claim to need such protection. While the United Nations
    High Commissioner for Refugees has acknowledged that some
    countries can impose filing deadlines, they have forcefully
    stated that the failure to abide by such deadlines cannot be a
    reason by which the application is not considered at any future
    time.\66\
        \66\ During Committee mark-up of the bill, the Majority stated the
    Committee's expectation that the application itself could be
    simplified, so that asylum seekers could submit a short and simplified
    application within the 30 day time limit, with a second opportunity to
    amplify and strengthen the application at a later date. While this is
    not the best or the preferred solution, if necessary the Committee
    should make this understanding very clear to the Administration so that
    the regulations clearly allow for a subsequent opportunity for the
    applicant to supplement, amplify, and complete the formal application
    at a later date after the 30-day period.
    ---------------------------------------------------------------------------
        Section 305 of the bill eliminates the Attorney General's
    current discretionary authority of ``withholding of
    deportation.'' This is a serious breach of current policy and
    U.S. obligations under United Nations conventions.\67\ Under
    current law, if a person is denied discretionary asylum, he or
    she can still seek protection under a higher standard for
    withholding of deportation. This requires that the applicant
    show that it is more likely than not that his or her life or
    freedom would be threatened in the country of origin. By
    eliminating such withholding of deportation discretion, the
    bill abrogates international refugee law requiring that a
    country not forcibly return (refoul) a person to a place of
    persecution.\68\
        \67\ U.N. Convention on the Status of Refugees--Article 33 (1951).
        \68\ During deliberations at the Committee mark-up, there were
    several statements by the Majority that it is their intent that
    withholding of deportation will be restored as the bill moves to a
    floor vote. See Judiciary Committee Markup Transcript October 11, 1995,
    at p. 101-103. We fully expect such a change to be made, consistent
    with current law and obligations under international refugee law, and
    are willing to work with the Majority to ensure that this vital
    protection remains in the U.S. law.
    ---------------------------------------------------------------------------
        We would also note that under section 531 asylum may be
    precluded if the Attorney General, pursuant to bilateral
    agreements with third countries, is able to find another
    country that is willing to accept that person. In our view it
    is essential that the third country return provision be
    construed to retain a high level of discretion for the Attorney
    General to decide what is most appropriate in individual cases,
    consistent with humanitarian circumstances and United States
    security concerns.\69\
        \69\ In this regard, the discussion at the Committee mark-up
    highlighted the common understanding about this flexibility for the
    Attorney General, and the inclusion of a public interest exception in
    this discretionary authority. We view the potential of these return
    agreements with caution. Assurances must be obtained that the intent of
    the agreement now being negotiated with Canada, and other future
    schemes with other countries, will not serve to diminish refugee
    protection for those who need it. In this regard, we urge that such
    agreements be based not on the concept of entry, but targeted to reduce
    the number of double applications. What is important is not necessarily
    the route which a refugee goes through before applying for asylum in a
    given country, but rather that an asylum seeker can make a claim in one
    country, and if found not to be refugee under a fair and substantive
    procedure, he or she would be prevented from shopping around and making
    unfounded claims in other countries. Return agreements should not focus
    on the method, time or process of transit and entry; they should focus
    on the need to prevent duplicate applications in various nations, when
    their cases have been already fairly determined not to be well founded
    and are clearly abusive.
    ---------------------------------------------------------------------------

          IV. Keeps families separated and fails to eliminate backlogs

        While the formula for backlog reduction set forth in
    section 553 of the bill addresses a substantial portion of the
    existing backlog for spouses and minor children of lawful
    permanent residents, it does nothing to address the issue of
    equity for those in eliminated family categories who have been
    waiting lawfully for their turn to immigrate for many
    years.\70\ Even with the visas provided to address the backlog
    of spouses and minor children of lawful permanent residents,
    there will remain as estimated 300,000 people in the backlog at
    the end of five years.\71\ Tragically, the bill would result in
    the permanent separation of the families of U.S. citizens, in a
    purported effort to benefit the immediate relatives of lawful
    permanent residents in the second family preference category.
        \70\ There are approximately 2.5 million eligible relatives in the
    potentially eliminated categories whose visa petitions have been
    approved according to Testimony by Cornelius D. Scully, Director,
    Office of Legislation, Regulation and Advisory Assistance, U.S. State
    Department, at Markup of H.R. 1915, Immigration in the National
    Interest Act of 1995, U.S. House of Representatives, Subcomm. on
    Immigration and Claims, Committee on the Judiciary, (July 17, 1995).
        \71\ Id.
    ---------------------------------------------------------------------------
        Proponents of this legislation have argued that the
    elimination of the adult children and siblings family
    preference categories is necessary in order to expedite the
    reunification of the ``nuclear families'' of permanent
    residents--for which there is a 1.1 million person backlog.
    Approximately 850,000 of the people in the backlog are the
    spouses and minor children of permanent residents who were
    undocumented immigrants who were granted legalized status
    according to the legalization provisions of the Immigration
    Reform and Control Act of 1986 (IRCA).\72\ It has been
    estimated that up to half \73\ of the 850,000 are already in
    the country under quasi-legal resident status under the Family
    Unity protection provisions of the Immigration Act of 1990.\74\
        \72\ Id.
        \73\ See CRS Report for Congress, Immigration: Analysis of Major
    Proposals to Revise Family and Employment Admissions, February 14,
    1996.
        \74\ Pub. L. No. 101-649, 105 Stat. 322, Sec. 301 (1990).
    ---------------------------------------------------------------------------
        Nearly all of the immigrants legalized by IRCA have now
    satisfied the five-year residency requirement for
    naturalization.\75\ The newly gained eligibility for
    naturalization of legalized permanent residents is contributing
    greatly to the record surge of naturalization applications
    being filed at INS district offices throughout the United
    States.\76\ The families of those who are naturalizing will
    become eligible to immigrate immediately and subject to no
    numerical limits as the spouses and minor children of new
    citizens.
        \75\ See 8 U.S.C. Sec. 1447.
        \76\ Harry Pachon, Prop. 187 Isn't All That's Propelling Latinos to
    INS, The Sacramento Bee, May 22, 1995, at B7.
    ---------------------------------------------------------------------------
        At the same time, as noted above, this legislation would
    eliminate forever, the ability of United States citizens and
    lawful permanent residents to petition for the immigration of
    their children over the age of 21 or to bring in their
    siblings. Given these changes, a more equitable solution to the
    backlog problem would be to ``grandfather in'' all those with
    approved visa petitions, or at least those within a year or two
    after enactment of reaching their ``priority date.'' A new
    legal immigration system that begins with backlogs is not a
    system that has been meaningfully reformed.

        V. Sunset provision is backdoor attempt to stop all immigration

        We are extremely troubled by Section 505 which amends
    Section 201 of the INA to require Congressional review of the
    numerical limits placed on immigration. Although, the review
    provision has been described as merely requiring a ``periodic''
    revisitation of immigration policy by Congress, we are
    concerned, however, that the sunset provision, could end all
    numerically limited immigration into the United States after
    the fiscal year 2004, the year the bill designates as the first
    period of review.
        This provision could be construed as a backdoor attempt at
    a moratorium on immigration. Under this provision determined
    immigration opponents would be given significant leverage in
    blocking new immigration legislation. If, for example, during a
    review period, a small group of Senators who are opponents of
    all immigration decide to filibuster the required
    reauthorization bill, the sunset requires that all numerically
    limited immigration be halted. Ultimately, this section could
    have the effect of eliminating immigration to the United
    States, with the exception of the immediate relatives of U.S.
    citizens who fall within a numerically unrestricted
    category.\77\
        \77\ See also Letter from Larry M. Eig, Legislative Attorney,
    American Law Division, Congressional Research Service, to Honorable
    Patsy T. Mink, Member, U.S. Congress (February 28, 1996).
    ---------------------------------------------------------------------------

             title vi. restrictions on benefits for illegal aliens

        Title VI effectuates a number of redundant \78\ and
    unneeded changes relating to the availability of public
    benefits not only to undocumented but also to legal aliens, and
    imposes a series of harsh new restrictions and burdens on
    families seeking to sponsor immigrants.
        \78\ Most major needs-based programs are already denied to illegal
    aliens. Generally, those programs that do not check immigration status
    provide crisis intervention, public health service or services for
    small children; or small programs such as soup kitchens and baseball
    leagues that are administered by non-profit charities or church groups.
    See, Larry Eig and Joyce Vialet, CRS Report 93-1046A, Alien Eligibility
    Requirements for Major Federal Assistance Programs (December 8, 1993).
    ---------------------------------------------------------------------------

         I. Unfunded mandates on state and local governments and harsh
        restrictions on public assistance available to legal immigrants

        Section 601(b) would require state and local governments to
    deny any contracts, loan agreements, and professional or
    commercial licenses funded by the state to aliens not lawfully
    present in the United States. This would impose significant new
    unfunded mandates on state and local governments, and slow down
    services for all residents, aliens and citizens alike.\79\
    Although section 603 contains a list of programs that would be
    excepted from the requirements of section 601 and 602 (e.g.,
    for ``non-cash, in-kind, short-term emergency disaster
    relief''), the language is too narrowly drawn to relieve states
    and localities from most of these time-consuming,
    administrative requirements.
        \79\ This provision would require that federal, state and local
    government entities that issue such licenses develop a system to verify
    the immigration status of every applicant for such licenses. For
    example, section 601(b)'s prohibition on state and local governments'
    provision of professional or commercial licenses to persons not
    lawfully present implicitly requires that all federal, state and local
    government entities that issue such licenses develop systems to verify
    the immigration status of every applicant for such licenses. Not only
    would this likely result in discriminatory treatment, it would also
    pose an enormous unfunded burden on state and local entities that would
    inhibit their ability to provide services to all applicants and
    residents in their states or localities.
    ---------------------------------------------------------------------------
        The ``public charge'' provisions of section 622 are also
    far too rigid.\80\ For example, it would require the
    deportation of someone for having received public benefits even
    if the individual later becomes completely self-reliant.
    Another example of the rigidity of section 622 is its
    subjecting refugees or asylees who become ``public charges'' to
    deportation notwithstanding the fact that requirement is waived
    at the time of entry.\81\ We are also troubled by the list of
    programs in section 622 for which receipt by an immigrant would
    constitute being a ``public charge.'' For instance, Title XX
    Social Service Block Grants to states (used for emergency needs
    such as homeless shelters, soup kitchens, and battered spouse
    shelters) are included on the list even though these programs
    are provided through state and local governments and are often
    administered by private charities.\82\
        \80\ Current law already provides for the deportation of immigrants
    who become public charges, and we feel it more appropriate that we
    encourage the Immigration and Naturalization Service to step up its
    enforcement of existing law. See 8 U.S.C. 1251(a)(1)(A).
        \81\ Under current law a refugee or asylee who is admitted to the
    United States is admitted without regard to whether they may later
    become a public charge because it is thought their flight from
    persecution and our offer of safe harbor should not be dependent on
    their financial circumstance. See 8 U.S.C. Sec. Sec. 1157(c)(3),
    1159(c). Yet, section 622 would subject these individuals to public
    charge deportation if they were to use more than 12 months of public
    services within their first seven years in the United States.
        \82\ See 42 U.S.C. 1397(o).
    ---------------------------------------------------------------------------

                II. Harsh restrictions on sponsors of immigrants

        Under section 631's ``deeming'' provision, the income and
    resources of an immigrant's sponsor would be attributed to the
    immigrant for purposes of determining eligibility for public
    benefits without regard to whether the sponsor is actually
    making any contribution to the immigrant's well-being or
    whether the sponsor is able to meet his or her own family
    obligations. Section 631 also dramatically expands the number
    of federal programs that are ``deemed'' (SSI, AFDC, and Food
    Stamps) to include nearly every federal means-tested benefit--
    both cash and non-cash.
        Programs that receive federal funds and would be forced to
    implement these burdensome restrictions include child
    protective services, foster care, prenatal care, job training,
    teen crisis centers, soup kitchens, homeless shelters, Pell
    grants for education, and student loans. This means that state
    and local governments, colleges and universities, and private
    charities would have to ask all of their clients, including
    U.S. citizens, whether they came to the U.S. as immigrants and
    whether they had sponsors. Furthermore, these individuals would
    have to demonstrate their sponsors' incomes before they could
    be considered eligible for services.
        These punitive changes are being made despite the fact that
    many of the programs for which immigrants would be ``deemed''
    are relatively low-cost and are of vital importance to the
    immigrant (e.g., programs to assist the homeless, the hungry,
    abused and neglected children, and emergency Medicaid). If
    immigrants cannot get access to health care, the entire
    community suffers.
        Section 631 would also repeal the current exemption from
    ``deeming'' for sponsored immigrants who become disabled after
    entry and create new administrative complexities and
    requirements for state and local governments and private
    charities. Further, by attributing 100 percent of a sponsor's
    income and resources to the immigrant, the bill is inconsistent
    with current practice in the major entitlement programs and
    could cause severe problems where the spouse of a signatory to
    an affidavit of support becomes separated or divorced from the
    sponsor.

                 III. Deters individuals from becoming sponsors

        We also object to section 632's requirement that a sponsor
    earn more than 200% of the Federal poverty income guideline to
    be eligible to execute an affidavit of support for a family
    member. The 200% income requirement constitutes nothing less
    than ``class warfare,'' and tells the world that immigration is
    only for the wealthy. This would require that a sponsor with a
    family of four maintain an income above $35,420 to qualify as a
    sponsor,\83\ and mean that 91 million people in America could
    not sponsor a family member for immigration.\84\ The
    requirement is unnecessary since current law already provides
    that an immigrant may not be admitted to the United States
    unless he or she can prove that they are unlikely to become a
    public charge.\85\
        \83\ Current Population Survey (March 1994 Supplement) from the
    U.S. Bureau of the Census. Poverty level determined by the U.S.
    Department of Labor.
        \84\ Anderson Analysis supra note 39 at 16.
        \85\ 8 U.S.C. 1182 (a)(4). Nearly all incoming immigrants quickly
    support themselves, and do not have to rely on the help of their
    sponsors. According to a 1995 study by the Urban Institute, 93.4
    percent of foreign born in America survive without public assistance.
    See Setting the Record, supra note 38.
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        Section 632 also requires that the sponsor be the
    petitioner and prevents organizations from sponsoring
    individuals. Since the bill unilaterally eliminates whole
    categories of family reunification, this would preclude U.S.
    citizens from sponsoring all but their ``nuclear family'' as
    immigrants. Under this harsh and nonsensical provision a child
    would be precluded from sponsoring his or her stepparents or
    grandparents; an immigrant spouse would be unable to sponsor
    his or her brothers and sisters; and a church could not sponsor
    a parishioner's child. The fact that these relatives were
    otherwise fully eligible to immigrate to the United States
    would be of no avail.

          IV. Unreasonable requirements of paying off benefits before
                                 naturalization

        We also oppose section 632(c)'s requirement that sponsored
    immigrants ``pay off'' certain benefits that they may have
    received before they are permitted to become naturalized U.S.
    citizens. This would deny citizenship simply because a person
    temporarily fell on hard times. Under this provision an
    immigrant who, as a child, received school lunch benefits would
    be obligated to pay back those benefits before becoming a
    naturalized U.S. citizen.
        We are also troubled by Section 632's requirement that a
    family-based immigrant's sponsor notify the government within
    thirty days of any time he or she changes residences.\86\ This
    burdensome provision would necessitate the creation of a
    recordkeeping bureaucracy at the state and Federal level to
    monitor and penalize U.S. citizens or lawful permanent
    residents who have sponsored the immigration of a close family
    member.
        \86\ H.R. 2202, Sec. 632.
    ---------------------------------------------------------------------------

    V. Denying benefits to legal permanent residents and citizens based on
                              parent's citizenship

        We are also troubled by language in section 607 which
    precludes the provision of any benefit (even to U.S. citizens)
    if that benefit is being administered by someone who is not
    lawfully present in the United States. Under this provision, a
    child who is a U.S. citizen would not be able to receive food
    stamps or housing assistance simply because his or her parent
    is not lawfully present in the United States. This provision is
    blatantly disrespectful of an individual's 14th Amendment
    citizenship and equal protection rights, and could impose a
    ``caste'' system on innocent children.

            VI. Unrealistic requirements for hospital reimbursement

        Section 604 provides state and local governments with
    reimbursements of emergency medical services provided to
    undocumented aliens. Although we support the goal of
    reimbursement, we are concerned that language denying
    reimbursement unless the identity and immigration status of the
    individual has been verified with the INS. The INS does not
    have a data base listing illegal immigrants nor does it have a
    database that lists all U.S. citizens, making verification
    nearly impossible. The provision would also require that all
    hospital personnel become experts in citizenship verification
    forms. In addition, because the bill requires each person be
    verified, it would create a huge administrative burden for
    hospitals. The verification requirement will also keep many ill
    aliens away from emergency rooms, raising severe public health
    risks.

                                   Conclusion

        We believe it is imperative that the Congress pass
    legislation increasing enforcement against illegal immigration.
    However, reforming immigration does not mean denying asylees'
    rights to legitimate due process, drastically capping family
    immigrant and refugee admissions, or endangering our public
    heath by denying crucial benefits to children. We urge the
    Members to reject H.R. 2202 and pass immigration reform that
    respects our heritage as a ``nation of immigrants'' and invests
    in our country's future.

                                       John Conyers, Jr.
                                       Patricia Schroeder.
                                       Sheila Jackson-Lee.
                                       Howard L. Berman.
                                       Melvin L. Watt.
                                       Zoe Lofgren.
                                       Jerrold Nadler.
                                       Bobby Scott.
                                       Barney Frank.
                                       Jose E. Serrano.
                                       Xavier Becerra.